2022 Jan / Feb Supplementary / Aegrotat /FI Concession Examination Memorandu

NAME : ______________________
STUDENT NUMBER : ___________________________
DEGREE : ___________________________
MODULE CODE : LPL4802
COURSE : LAW OF DAMAGES
INSTITUTION : UNIVERSITY OF SOUTH AFRICA (UNISA)
DATE : 04 FEBRUARY 2022 (JANUARY/FEBRUARY 2022)
EXAMINATION : SUPPLEMENTARY EXAMINATIONS


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ACADEMIC HONESTY DECLARATION

1. I understand what academic dishonesty entails and am aware of Unisa's policies in

this regard.

2. I declare that this assignment is my own, original work. Where I have used someone else's
work I have indicated this by using the prescribed style of referencing. Every contribution to, and
quotation in, this assignment from the work or works of other people has been referenced
according to this style.

3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off
as his or her own work.

4. I did not make use of another student's work and submitted it as my own.



NAME : ……………………………………………………

SIGNATURE : …………………………………………………

STUDENT NUMBER : ………………………………………………..

MODULE CODE : LPL4802 (Law of damages)

DATE : 04 FEBRUARY 2022




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, QUESTION 1 (ESSAY)
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES FOR
PATRIMONIAL LOSS (CHAPTERS 5 AND 8 OF PB) (4 pages, including rubric)


Study the case Komape and others v Minister of Basic Education and Others 2020 (2) SA 347
(SCA) and answer the questions below. NB The question below must be answered in the form of
an essay. Attach the rubric, sent to you together with this exam, at the end of your essay.

1.1 Discuss what the plaintiff must prove in order to succeed in a claim for shock (psychiatric
injury) as a head of damage for non-patrimonial loss. Refer to relevant authority in your
answer. (15)

Non patrimonial loss does not really have a monetary value. However, the damages awarded
will be in monetary terms. Examples of non-patrimonial loss are pain and suffering, emotional
shock, disfigurement, loss of amenities of life and shortened life expectancy.


In terms of rule 18(10) of the Uniform Rules of Court and rules 6(9) and 6(10) of the
Magistrates’ Court Rules a plaintiff suing for damages for personal injury (which includes
compensation for non-pecuniary loss) has to specify inter alia the nature and extent of the
injuries as well as the nature, effects and duration of the resultant disability. In addition, he or
she has to state separately the amount claimed for the different forms of non-patrimonial
loss.


When 5 year old Michael Komape went to the pit toilet at his state school, the seat collapsed,
causing him to fall into the pit below, where he drowned. Michael's mother and father and
eldest sister later saw his body in the pit, while his eldest brother and three other siblings
heard of the manner of his death. Everyone, it was agreed, thereafter incurred posttraumatic
stress disorder; and in addition Michael's parents developed a depressive disorder.


They later instituted claims in the High Court for damages for emotional shock and grief, as
well as for constitutional damages. For non-patrimonial loss suffered due to the infringement
of the personality right to physical-mental integrity, so-called general damages may be




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