LPL4802
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: 28 March 2025..
PREVIEW:
QUESTION 1
The Application of the Subjective Approach to Non-Patrimonial Loss in Rudman v Road Accident Fund
INTRODUCTION:
In the law of delict, patrimonial loss refers to the measurable financial harm that an individual
experiences as a result of another’s wrongful actions. However, when considering the emotional,
psychological, and physical distress that an individual suffers, we must also assess non-patrimonial loss.
Non-patrimonial loss includes pain, suffering, and the loss of enjoyment of life, which are inherently
subjective and personal experiences. The Rudman v Road Accident Fund case highlights how the courts
apply the subjective approach when evaluating non-patrimonial loss, recognizing that each individual’s
response to harm is unique and must be considered in its full scope.
The Rudman v Road Accident Fund case involved a plaintiff who suffered both physical and mental
injuries as a result of a road accident. While the plaintiff experienced physical harm, the more significant
impact was the emotional and psychological toll the injuries had on his quality of life. The court employed
a subjective approach to assess not only the physical injury but also the plaintiff’s emotional and
psychological suffering. This case exemplified the need for flexibility in legal assessments, ensuring that
personal circumstances are taken into account when determining damages for non-patrimonial loss. The
judgment recognized the importance of human emotions in assessing the totality of harm done,
providing a nuanced approach to non-patrimonial damages.
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
ASSIGNMENT 1 (SEMESTER 1)..
DUE DATE: 28 March 2025..
PREVIEW:
QUESTION 1
The Application of the Subjective Approach to Non-Patrimonial Loss in Rudman v Road Accident Fund
INTRODUCTION:
In the law of delict, patrimonial loss refers to the measurable financial harm that an individual
experiences as a result of another’s wrongful actions. However, when considering the emotional,
psychological, and physical distress that an individual suffers, we must also assess non-patrimonial loss.
Non-patrimonial loss includes pain, suffering, and the loss of enjoyment of life, which are inherently
subjective and personal experiences. The Rudman v Road Accident Fund case highlights how the courts
apply the subjective approach when evaluating non-patrimonial loss, recognizing that each individual’s
response to harm is unique and must be considered in its full scope.
The Rudman v Road Accident Fund case involved a plaintiff who suffered both physical and mental
injuries as a result of a road accident. While the plaintiff experienced physical harm, the more significant
impact was the emotional and psychological toll the injuries had on his quality of life. The court employed
a subjective approach to assess not only the physical injury but also the plaintiff’s emotional and
psychological suffering. This case exemplified the need for flexibility in legal assessments, ensuring that
personal circumstances are taken into account when determining damages for non-patrimonial loss. The
judgment recognized the importance of human emotions in assessing the totality of harm done,
providing a nuanced approach to non-patrimonial damages.
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
