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LPL4802 October November PORTFOLIO MEMO Semester 2 2025.pdf

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QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (INJURY TO PERSONALITY) 1.1 The Supreme Court of Appeal in MEC for Health, Gauteng Provincial Government v AAS obo CMMS made it very clear that the trial court misunderstood how to properly make use of previous awards in similar cases. The court explained that while it is essential to refer to comparable cases when assessing general damages for non-patrimonial loss, they must only serve as guidance and not be used as a binding rule. The court referred to De Jongh v Du Pisanie, where it was stated that the primary principle remains the discretion of the court. Comparable cases help create a framework of fairness and consistency but should not take away the co

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Institution: Chamberlain College Of Nursing
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Uploaded on: October 30, 2025
Number of pages: 3
Written in: 2025/2026
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LPL4802
October November PORTFOLIO Semester 2 2025

Due Date: 30 October 2025

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