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LPL4802
Law of Damages
ASSIGNMENT 1 – ESSAY MEMO
SEMESTER 2 – 2023
UNIQUE NUMBER: - 705490
DUE DATE: - 18TH AUGUST 2023
Includes Footnotes and/or Bibliography*
QUESTION 1
You should study lessons 1-3 before attempting this question
Read the set of facts below and provide a response on the question that follows. NB. Your
response must be presented in the form of an essay. Use the rubric provided for this assignment
to guide you in the planning of your essay.
Y, a female minor student at Smarties Junior Academy in Pretoria, was born with a congenital
cardiac failure that imperils other vital organs. The result is that she does not enjoy the normal
amenities of life and is often sickly. She believes that her mother’s obstetrician, Doctor X, ought
to have diagnosed this prenatal ailment and advised her mother accordingly. Her mother, Mrs B,
confides in you that had she been advised correctly, she would have terminated the pregnancy.
Both these ladies approach you in your capacity as an attorney and request that you file claims,
on their behalf, for damages against Doctor X. Discuss the possibilities of them successfully
lodging a wrongful life and or a wrongful birth claim in terms of the South African law of damages.
Use relevant case law and other legal sources to support your argument. Please note that you are
expected to discuss both these claims.
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 074 074 3729 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
SELLING” memos for the year 2021/2022.
LPL4802
Law of Damages
ASSIGNMENT 1 – ESSAY MEMO
SEMESTER 2 – 2023
UNIQUE NUMBER: - 705490
DUE DATE: - 18TH AUGUST 2023
Includes Footnotes and/or Bibliography*
QUESTION 1
You should study lessons 1-3 before attempting this question
Read the set of facts below and provide a response on the question that follows. NB. Your
response must be presented in the form of an essay. Use the rubric provided for this assignment
to guide you in the planning of your essay.
Y, a female minor student at Smarties Junior Academy in Pretoria, was born with a congenital
cardiac failure that imperils other vital organs. The result is that she does not enjoy the normal
amenities of life and is often sickly. She believes that her mother’s obstetrician, Doctor X, ought
to have diagnosed this prenatal ailment and advised her mother accordingly. Her mother, Mrs B,
confides in you that had she been advised correctly, she would have terminated the pregnancy.
Both these ladies approach you in your capacity as an attorney and request that you file claims,
on their behalf, for damages against Doctor X. Discuss the possibilities of them successfully
lodging a wrongful life and or a wrongful birth claim in terms of the South African law of damages.
Use relevant case law and other legal sources to support your argument. Please note that you are
expected to discuss both these claims.
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 074 074 3729 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
