ASSIGNMENT 3 2025
UNIQUE NO.
DUE DATE: 2025
, LPL4802
Assignment 3 2025
Unique Number:
Due Date: 2025
Law of Damages
1. Incorrect interpretation of Section 17(1) of the Road Accident Fund Act, 1996
(as amended)
The incorrect statement is:
❌ "It explicitly defines the damage-causing event."
Why?
Section 17(1) of the Road Accident Fund Act does not define the exact event that
causes damage. Instead, it provides a legal framework for compensation when
someone is injured or killed in a road accident due to another person’s negligence. It
sets out when and how claims can be made against the Road Accident Fund but does
not go into detail about what specifically constitutes a damage-causing event.
2. What did the Constitutional Court decide in Fose v Minister of Safety & Security
(1997)?
✔ "Rejected a claim for constitutional damages."
What happened?
In this case, the Constitutional Court ruled that awarding constitutional damages wasn’t
necessary because the existing legal remedies were enough. The court believed that