LPL4802
Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025
DUE 28 March 2025
,ACTIVITIES
Damages are assessed from either an objective or subjective approach. The subjective
approach investigates the personal circumstances of the plaintiff after the damage-causing
event, whereas the objective approach looks at what could reasonably be expected to be the
consequence of a specific damage- causing event. Generally, our law adopts an objective
approach with subjective qualifications in exceptional circumstances only. LCP4801 There is
however some support in our case law for the acceptance of a subjective concept of damage.
LCP4804 You will need to read the following case and critically discuss the approach the
court took with regard to the subjective concept of damage: Rudman v Road Accident Fund
2003 (2) SA 234 (SCA) You should read the relevant chapter of your prescribed textbook and
the corresponding Lesson prior to attempting this question. A maximum of 2 marks will be
allocated to stating the facts of the case. At this stage of your studies, the focus is more on
the critical discussion of the concepts applied by the court and the reasoning thereof. You
must conclude your essay by indicating whether you agree with the judgment or not and
give a reason for your answer. 150 words. (5 Marks 1. What role, if any, does human
consciousness or emotions play in the assessment of nonpatrimonial loss? In your answer,
refer to the subjective and objective elements of nonpatrimonial loss. 2. Identify and explain
the different theories that are applied to establish the nature of nonpatrimonial loss caused
by the impairment of physical-mental integrity. LPL4801
, Critical Discussion: Rudman v Road Accident Fund 2003 (2) SA 234 (SCA)
1. Introduction
The assessment of damages in personal injury cases often raises the question of whether an
objective or subjective approach should be applied. The case of Rudman v Road Accident Fund (2003
(2) SA 234 (SCA)) is significant as it explores the application of subjective elements in assessing loss
of earning capacity. In this case, the Supreme Court of Appeal (SCA) considered whether a plaintiff,
who continued to generate income despite his injuries, could still claim for diminished earning
capacity. The court’s reasoning and judgment have important implications for the law of damages in
South Africa, particularly in determining when subjective factors should be considered in evaluating
claims.
2. Facts of the Case
The plaintiff, Mr. Rudman, was a successful farmer and businessman who suffered injuries in a
motor vehicle accident. Despite the injuries, he continued to manage his business and generate
income. However, he argued that his physical impairment had reduced his ability to work as
effectively as before, thereby diminishing his earning capacity. The main legal issue was whether loss
of earning capacity could be compensated even when there was no direct loss of income.
3. Court’s Reasoning and Judgment
The SCA ruled in favor of the plaintiff, recognizing that loss of earning capacity is compensable where
an individual’s ability to work has been diminished, even if their actual income remains unchanged.
The court emphasized that damages are not solely limited to direct financial loss but also include the
impairment of one’s ability to engage in work. This reasoning highlights the interplay between
objective and subjective approaches in assessing damages.
3.1 Subjective Considerations in the Court’s Approach
The judgment in Rudman demonstrates the application of subjective elements in determining loss.
The court took into account Mr. Rudman’s unique circumstances, including his specific professional
skills, his role in managing his business, and the personal impact of his injuries on his ability to
perform tasks. This case illustrates that damages should not only be assessed based on economic
loss but also on the personal impact on the individual’s working capacity.
Assignment 1 (COMPLETE
ANSWERS) Semester 1 2025
DUE 28 March 2025
,ACTIVITIES
Damages are assessed from either an objective or subjective approach. The subjective
approach investigates the personal circumstances of the plaintiff after the damage-causing
event, whereas the objective approach looks at what could reasonably be expected to be the
consequence of a specific damage- causing event. Generally, our law adopts an objective
approach with subjective qualifications in exceptional circumstances only. LCP4801 There is
however some support in our case law for the acceptance of a subjective concept of damage.
LCP4804 You will need to read the following case and critically discuss the approach the
court took with regard to the subjective concept of damage: Rudman v Road Accident Fund
2003 (2) SA 234 (SCA) You should read the relevant chapter of your prescribed textbook and
the corresponding Lesson prior to attempting this question. A maximum of 2 marks will be
allocated to stating the facts of the case. At this stage of your studies, the focus is more on
the critical discussion of the concepts applied by the court and the reasoning thereof. You
must conclude your essay by indicating whether you agree with the judgment or not and
give a reason for your answer. 150 words. (5 Marks 1. What role, if any, does human
consciousness or emotions play in the assessment of nonpatrimonial loss? In your answer,
refer to the subjective and objective elements of nonpatrimonial loss. 2. Identify and explain
the different theories that are applied to establish the nature of nonpatrimonial loss caused
by the impairment of physical-mental integrity. LPL4801
, Critical Discussion: Rudman v Road Accident Fund 2003 (2) SA 234 (SCA)
1. Introduction
The assessment of damages in personal injury cases often raises the question of whether an
objective or subjective approach should be applied. The case of Rudman v Road Accident Fund (2003
(2) SA 234 (SCA)) is significant as it explores the application of subjective elements in assessing loss
of earning capacity. In this case, the Supreme Court of Appeal (SCA) considered whether a plaintiff,
who continued to generate income despite his injuries, could still claim for diminished earning
capacity. The court’s reasoning and judgment have important implications for the law of damages in
South Africa, particularly in determining when subjective factors should be considered in evaluating
claims.
2. Facts of the Case
The plaintiff, Mr. Rudman, was a successful farmer and businessman who suffered injuries in a
motor vehicle accident. Despite the injuries, he continued to manage his business and generate
income. However, he argued that his physical impairment had reduced his ability to work as
effectively as before, thereby diminishing his earning capacity. The main legal issue was whether loss
of earning capacity could be compensated even when there was no direct loss of income.
3. Court’s Reasoning and Judgment
The SCA ruled in favor of the plaintiff, recognizing that loss of earning capacity is compensable where
an individual’s ability to work has been diminished, even if their actual income remains unchanged.
The court emphasized that damages are not solely limited to direct financial loss but also include the
impairment of one’s ability to engage in work. This reasoning highlights the interplay between
objective and subjective approaches in assessing damages.
3.1 Subjective Considerations in the Court’s Approach
The judgment in Rudman demonstrates the application of subjective elements in determining loss.
The court took into account Mr. Rudman’s unique circumstances, including his specific professional
skills, his role in managing his business, and the personal impact of his injuries on his ability to
perform tasks. This case illustrates that damages should not only be assessed based on economic
loss but also on the personal impact on the individual’s working capacity.
