LPL4802 SEMESTER 1 ASSIGNMENT 1 – 28 MARCH 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 damage-causing 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.
All the best!
[TOTAL MARKS 25]
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE WHATSAPP
0727679597 EMAIL:
QUESTION 1
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 damage-causing 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.
All the best!
[TOTAL MARKS 25]
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE WHATSAPP
0727679597 EMAIL:
QUESTION 1
