LPL4802
ASSIGNMENT 1
DUE DATE: 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.
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.
South African courts generally favor the objective approach to ensure consistency and
predictability in awarding damages. However, subjective elements are sometimes
considered, particularly in exceptional circumstances. The case of Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA) provides an important illustration of how the
courts evaluate patrimonial loss and whether subjective factors influence the
assessment.
ASSIGNMENT 1
DUE DATE: 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.
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.
South African courts generally favor the objective approach to ensure consistency and
predictability in awarding damages. However, subjective elements are sometimes
considered, particularly in exceptional circumstances. The case of Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA) provides an important illustration of how the
courts evaluate patrimonial loss and whether subjective factors influence the
assessment.
