, Critical Discussion of the Subjective and Objective
Approaches to Patrimonial Loss in Rudman v Road Accident
Fund 2003 (2) SA 234 (SCA)
In South African law, the assessment of damages, particularly
patrimonial loss, typically follows either a subjective or objective
approach. These two frameworks provide distinct methods for
evaluating the consequences of damage to a plaintiff, focusing on
whether to consider the plaintiff's personal circumstances
(subjective) or what is reasonably expected of an average person
in similar circumstances (objective). The case of Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA) serves as a pivotal example
of how the law navigates between these two approaches and
explores the adoption of a subjective concept of damage under
exceptional circumstances.
1. The Objective Approach in Assessing Damages
The objective approach to assessing damages is the general rule
in South African law. Under this framework, damages are
assessed from the perspective of a reasonable person in similar
circumstances. This approach looks at the standard effects of the
damage, disregarding the personal attributes or unique conditions
Approaches to Patrimonial Loss in Rudman v Road Accident
Fund 2003 (2) SA 234 (SCA)
In South African law, the assessment of damages, particularly
patrimonial loss, typically follows either a subjective or objective
approach. These two frameworks provide distinct methods for
evaluating the consequences of damage to a plaintiff, focusing on
whether to consider the plaintiff's personal circumstances
(subjective) or what is reasonably expected of an average person
in similar circumstances (objective). The case of Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA) serves as a pivotal example
of how the law navigates between these two approaches and
explores the adoption of a subjective concept of damage under
exceptional circumstances.
1. The Objective Approach in Assessing Damages
The objective approach to assessing damages is the general rule
in South African law. Under this framework, damages are
assessed from the perspective of a reasonable person in similar
circumstances. This approach looks at the standard effects of the
damage, disregarding the personal attributes or unique conditions
