LPL4802 Assignment 1 Semester 1 2025

QUESTION 1: Subjective and objective approaches to patrimonial loss (Chapter 3, Lesson 2) Damages are assessed from either an objective or subjective approach. The subjective approach investigates the personal circumstances of the plaintiff after the damagecausing event, whereas the objective approach looks at what could reasonably be expected to be the consequence of a specific damage- causing event. Generally, our law adopts an objective approach with subjective qualifications in exceptional circumstances only. There is however some support in our case law for the acceptance of a subjective concept of damage. You will need to read the following case and critically discuss the approach the court took with regard to the subjective concept of damage: Rudman v Road Accident Fund 2003 (2) SA 234 (SCA) You should read the relevant chapter of your prescribed textbook and the corresponding Lesson prior to attempting this question. A maximum of 2 marks will be allocated to stating the facts of the case. At this stage of your studies, the focus is more on the critical discussion of the concepts applied by the court and the reasoning thereof. You must conclude your essay by indicating whether you agree with the judgment or not and give a reason for your answer. ESSAY The law of delict recognizes patrimonial loss as a key component in assessing damages in cases where a person suffers harm due to another's wrongful conduct. Patrimonial loss refers to the measurable financial loss a person incurs due to an event, such as an injury. When determining patrimonial loss, two primary approaches exist: the subjective approach, which considers the plaintiff’s personal circumstances and how the loss affects them individually, and the objective approach, which relies on a general standard of what a reasonable person in the plaintiff’s situation would suffer.