QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY) Study the case, Residents
of Industry House and Others v Minister of Police and Others 2023 (1) SACR 14 (CC) together with the
relevant chapter/s of your prescribed textbook to answer the questions below. (a) Explain briefly, the
nature and application of the actio iniuriarum as a remedy for personality injury claims. In support of
your answer, refer to case law and other credible legal sources. (10) (b) Further discuss the reasons put
forward by the Constitutional Court in this case, why Constitutional damages should not always be
preferred in personality injury claims. Cite relevant paragraphs of this case and other legal sources to
support your views
(a)Scott lawyers who are fond of claiming that their system is based on principles rather than practice
say it developed through thought of writers rather than through arbitrary evolution of rules .Its
reception was effected through systemization of scots law achieved by institutional writers who drew
heavily on Roman and Dutch training .It was during the institutional period that actio inirium was
directly received into law and injury in its Roman sense became understood to be actionable wrong in
Scotland.
Actio inirium is a roman law remedy applied in cases of injury to the plaintiff .The plaintiff has a
to prove harm ,injury has been suffered to their dignity, honor or even reputation by actions
caused by the defendant to them .This law applies also to claims of slander, insult ,defamation
or other actions that might cause emotional distress .This law applies also as remedy to
damage to the reputation of the plaintiff by the defendant .The plaintiff can seek compensation
due to harm or injury to them by the defendant .This law is remedy to harm suffered to honor
,dignity ,or reputation .To apply for actio inirium proof of harm ,damage or injury to dignity
,honor or reputation must be there .This law has application in cases of private civil disputes and
criminal offenses too The plaintiff should prove unlawful actions toward him or unlawful intent to
cause injury toward him.
Real injury includes physical assault but revealing the loss for which a monetary redress was
due to less physical than emotional and this gives us our first and very important definining
characteristic of the action .Damages are awarded not for physical injury but because of
emotional disturbance .The protected interest was honor and loss suffered through
infringement.Other . Other infringments of interests that come within this principle included
wrongful imprisonment ,defamation and interference with family relationships as an element of
affront that was attracting monetary redress .This remedy applies for physical and verbal injuries
which may cause stress to the plaintiff.
(b)Constitutional damages should not be preferred because of compensation of the plaintiff
.This is because the plaintiff might not be fully compensated for actual loss suffered .The case
of Omorgie v. Canadian National Railway Company (2015) O.J. No .3535 is an example where
the court rejected a claim for constitutional damages in a personality injury case .The plaintiff
, argued that her constitutional rights to life ,liberty and security of the person were violated as
she was injured on the defendants property .The court found out that the plaintiff had not
established breach of constitutional rights and she had been compensated for injuries the tort
law system .In personality injury cases plaintiff would be better of pursuing traditional tort
remedies such as damages for pain and suffering ,wage loss and medical expenses .Remedies
for actual loss provide better and more effective means of redress as compared to constitutional
damages.
QUESTION 2: DAMAGES FOR PATRIMONIAL LOSS Read the set of facts below and answer the questions
that follow. Zodwa, whose action for personal injury claims is before court, realises that she urgently
needs money to repay a personal loan she took to cover her hospital bills and other related expenses,
which are due. She further tells you that her employer put her on unpaid leave of incapacity that was
caused by the wounds she sustained from the same accident. Presently, she needs support for herself
and her two minor children who are depended on her income for support as well. The Road Accident
Fund (RAF) has conceded liability but is awaiting the court to determine the quantum of her damages.
Zodwa approaches you for advice on whether she can claim interim relief from the fund, while awaiting
the court date for the quantification of her damages. (a) Advise Zodwa clearly, on how she may go about
her application to claim interim payment against RAF to obtain money she desperately needs. Use
legislation, Uniform rules and case law to support your advice to her. (15) 4 (b) In a separate incident,
your friend who strongly believes that modern damages claimed through the actio iniuriarum must still
carry an element of punishment, comes to you to seek your opinion on the matter. Draft an argument
that you will present to him, to correct his misapprehension. Your argument must include the views
expressed in Fose v Minister of Safety and Security 1997 (3) SA 786 (CC), and Dikoko v Mokhatla 2006 (6)
SA 235 (CC).
(a)Zodwa should first consult a personal injury attorney who will guide Zodwa in making an interim
payment claim .The attorney should advise and even guide Zodwa on legal rights and obligations
belonging to her .The attorney should then support through the claim process regarding the case
brought forward by Zodwa .Zodwa should then gather all necessary information and documents
necessary to support the request for an interim payment from the Road Accident Fund .Following this
step , Zodwa should submit an application to the Road Accident Fund .This application should consist of
details such as name in this case Zodwa ,contact details and claim number . The Road Accident Fund will
of Industry House and Others v Minister of Police and Others 2023 (1) SACR 14 (CC) together with the
relevant chapter/s of your prescribed textbook to answer the questions below. (a) Explain briefly, the
nature and application of the actio iniuriarum as a remedy for personality injury claims. In support of
your answer, refer to case law and other credible legal sources. (10) (b) Further discuss the reasons put
forward by the Constitutional Court in this case, why Constitutional damages should not always be
preferred in personality injury claims. Cite relevant paragraphs of this case and other legal sources to
support your views
(a)Scott lawyers who are fond of claiming that their system is based on principles rather than practice
say it developed through thought of writers rather than through arbitrary evolution of rules .Its
reception was effected through systemization of scots law achieved by institutional writers who drew
heavily on Roman and Dutch training .It was during the institutional period that actio inirium was
directly received into law and injury in its Roman sense became understood to be actionable wrong in
Scotland.
Actio inirium is a roman law remedy applied in cases of injury to the plaintiff .The plaintiff has a
to prove harm ,injury has been suffered to their dignity, honor or even reputation by actions
caused by the defendant to them .This law applies also to claims of slander, insult ,defamation
or other actions that might cause emotional distress .This law applies also as remedy to
damage to the reputation of the plaintiff by the defendant .The plaintiff can seek compensation
due to harm or injury to them by the defendant .This law is remedy to harm suffered to honor
,dignity ,or reputation .To apply for actio inirium proof of harm ,damage or injury to dignity
,honor or reputation must be there .This law has application in cases of private civil disputes and
criminal offenses too The plaintiff should prove unlawful actions toward him or unlawful intent to
cause injury toward him.
Real injury includes physical assault but revealing the loss for which a monetary redress was
due to less physical than emotional and this gives us our first and very important definining
characteristic of the action .Damages are awarded not for physical injury but because of
emotional disturbance .The protected interest was honor and loss suffered through
infringement.Other . Other infringments of interests that come within this principle included
wrongful imprisonment ,defamation and interference with family relationships as an element of
affront that was attracting monetary redress .This remedy applies for physical and verbal injuries
which may cause stress to the plaintiff.
(b)Constitutional damages should not be preferred because of compensation of the plaintiff
.This is because the plaintiff might not be fully compensated for actual loss suffered .The case
of Omorgie v. Canadian National Railway Company (2015) O.J. No .3535 is an example where
the court rejected a claim for constitutional damages in a personality injury case .The plaintiff
, argued that her constitutional rights to life ,liberty and security of the person were violated as
she was injured on the defendants property .The court found out that the plaintiff had not
established breach of constitutional rights and she had been compensated for injuries the tort
law system .In personality injury cases plaintiff would be better of pursuing traditional tort
remedies such as damages for pain and suffering ,wage loss and medical expenses .Remedies
for actual loss provide better and more effective means of redress as compared to constitutional
damages.
QUESTION 2: DAMAGES FOR PATRIMONIAL LOSS Read the set of facts below and answer the questions
that follow. Zodwa, whose action for personal injury claims is before court, realises that she urgently
needs money to repay a personal loan she took to cover her hospital bills and other related expenses,
which are due. She further tells you that her employer put her on unpaid leave of incapacity that was
caused by the wounds she sustained from the same accident. Presently, she needs support for herself
and her two minor children who are depended on her income for support as well. The Road Accident
Fund (RAF) has conceded liability but is awaiting the court to determine the quantum of her damages.
Zodwa approaches you for advice on whether she can claim interim relief from the fund, while awaiting
the court date for the quantification of her damages. (a) Advise Zodwa clearly, on how she may go about
her application to claim interim payment against RAF to obtain money she desperately needs. Use
legislation, Uniform rules and case law to support your advice to her. (15) 4 (b) In a separate incident,
your friend who strongly believes that modern damages claimed through the actio iniuriarum must still
carry an element of punishment, comes to you to seek your opinion on the matter. Draft an argument
that you will present to him, to correct his misapprehension. Your argument must include the views
expressed in Fose v Minister of Safety and Security 1997 (3) SA 786 (CC), and Dikoko v Mokhatla 2006 (6)
SA 235 (CC).
(a)Zodwa should first consult a personal injury attorney who will guide Zodwa in making an interim
payment claim .The attorney should advise and even guide Zodwa on legal rights and obligations
belonging to her .The attorney should then support through the claim process regarding the case
brought forward by Zodwa .Zodwa should then gather all necessary information and documents
necessary to support the request for an interim payment from the Road Accident Fund .Following this
step , Zodwa should submit an application to the Road Accident Fund .This application should consist of
details such as name in this case Zodwa ,contact details and claim number . The Road Accident Fund will
