MARCH 28, 2025
DEPARTMENT OF PRIVATE LAW
LAW OF DAMAGES
MODULE CODE : LPL4802
YEAR : 2025
SEMESTER : 01
ASSIGNMENT NO : 01 ASSESSMENT TYPE :
WRITTEN
DUE DATE : 28 MARCH 2025
TIME : 17:00 TOTAL
MARKS : 25
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QUESTION 1: Subjective and objective approaches to patrimonial loss (Chapter 3,
Lesson 2) 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. There is however some support
in our case law for the acceptance of a subjective concept of damage. 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.
Critical Discussion of the Subjective Concept of Damage in Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA)
Introduction
Patrimonial loss, particularly in the context of damages, can be assessed through
either an objective or subjective approach. The objective approach considers
what a reasonable person in similar circumstances would experience as a
consequence of a damage-causing event. In contrast, the subjective approach
evaluates the actual impact on the specific plaintiff’s personal circumstances.
While South African law generally follows the objective method, there are cases
where subjective factors influence the assessment of damages. One such case is
DEPARTMENT OF PRIVATE LAW
LAW OF DAMAGES
MODULE CODE : LPL4802
YEAR : 2025
SEMESTER : 01
ASSIGNMENT NO : 01 ASSESSMENT TYPE :
WRITTEN
DUE DATE : 28 MARCH 2025
TIME : 17:00 TOTAL
MARKS : 25
, What to expect in this document Detailed trusted answers All questions answered Distinction
pass guaranteed Plagiarism free 100%
QUESTION 1: Subjective and objective approaches to patrimonial loss (Chapter 3,
Lesson 2) 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. There is however some support
in our case law for the acceptance of a subjective concept of damage. 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.
Critical Discussion of the Subjective Concept of Damage in Rudman v Road
Accident Fund 2003 (2) SA 234 (SCA)
Introduction
Patrimonial loss, particularly in the context of damages, can be assessed through
either an objective or subjective approach. The objective approach considers
what a reasonable person in similar circumstances would experience as a
consequence of a damage-causing event. In contrast, the subjective approach
evaluates the actual impact on the specific plaintiff’s personal circumstances.
While South African law generally follows the objective method, there are cases
where subjective factors influence the assessment of damages. One such case is
