LPL4802
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 28 March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
The Subjective Approach in Rudman v Road Accident Fund and the Assessment of Non-
Patrimonial Loss
1. INTRODUCTION
In the law of delict, patrimonial loss is considered the measurable financial harm a person suffers
due to another’s wrongful conduct. The determination of such damages is generally approached
from an objective perspective, meaning that courts assess what could reasonably be expected to be
the consequence of the damage-causing event. However, the subjective approach also plays a
critical role in cases where the personal circumstances of the plaintiff after the event need to be
considered. The Rudman v Road Accident Fund case sheds light on how the subjective concept of
damage is applied, especially in cases involving non-patrimonial loss, where emotional and
psychological factors are taken into account.
Case Summary and Application of the Subjective Approach
The case of Rudman v Road Accident Fund involved a plaintiff who had been involved in a road
accident, sustaining injuries that impacted both his physical and mental well-being. The court’s use
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 28 March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
The Subjective Approach in Rudman v Road Accident Fund and the Assessment of Non-
Patrimonial Loss
1. INTRODUCTION
In the law of delict, patrimonial loss is considered the measurable financial harm a person suffers
due to another’s wrongful conduct. The determination of such damages is generally approached
from an objective perspective, meaning that courts assess what could reasonably be expected to be
the consequence of the damage-causing event. However, the subjective approach also plays a
critical role in cases where the personal circumstances of the plaintiff after the event need to be
considered. The Rudman v Road Accident Fund case sheds light on how the subjective concept of
damage is applied, especially in cases involving non-patrimonial loss, where emotional and
psychological factors are taken into account.
Case Summary and Application of the Subjective Approach
The case of Rudman v Road Accident Fund involved a plaintiff who had been involved in a road
accident, sustaining injuries that impacted both his physical and mental well-being. The court’s use
