LPL4802 ASSIGNMENT 1 SEMESTER 2 2022
UNISA TUTORS
QUESTION 1
The action for Pain and Suffering is distinguishable from the actio legis Aquiliae
and the actio iniuriarum.
Explain fully, these differences, paying particular attention to its origins and
development within the South African Legal System.
The action for Pain and Suffering is distinguishable from the actio legis Aquiliae and
the actio iniuriarum in a number of respects. As a summary, these actions differ in
terms of where they originated from and the heads of damages applicable to the
remedies. These actions are also distinguishable in terms of the individuals that can
evoke the action.
In terms of origins, the action for pain and suffering is distinguishable from the actio
legis Aquiliae and the actio iniuriarum in a discrete manner. 1 Action of pain and
suffering originates in Roman-Dutch law whereas actio legis Aquiliae and the actio
iniuriarum can be traced back to Roman Law. 2 This means that this action was not
available to a Roman law litigant.3 The action for pain and suffering was available to
persons who suffered negligent bodily injuries.4 Its scope of application under the
1 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
2 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
3 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
UNISA TUTORS
QUESTION 1
The action for Pain and Suffering is distinguishable from the actio legis Aquiliae
and the actio iniuriarum.
Explain fully, these differences, paying particular attention to its origins and
development within the South African Legal System.
The action for Pain and Suffering is distinguishable from the actio legis Aquiliae and
the actio iniuriarum in a number of respects. As a summary, these actions differ in
terms of where they originated from and the heads of damages applicable to the
remedies. These actions are also distinguishable in terms of the individuals that can
evoke the action.
In terms of origins, the action for pain and suffering is distinguishable from the actio
legis Aquiliae and the actio iniuriarum in a discrete manner. 1 Action of pain and
suffering originates in Roman-Dutch law whereas actio legis Aquiliae and the actio
iniuriarum can be traced back to Roman Law. 2 This means that this action was not
available to a Roman law litigant.3 The action for pain and suffering was available to
persons who suffered negligent bodily injuries.4 Its scope of application under the
1 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
2 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
3 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
