LPL4802 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 23 - 30 OCTOBER 2024 - UNIQUE NUMBER :- 258267 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
QUESTION 1 (ESSAY)
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES
FOR PATRIMONIAL...
LPL4802/LAW OF DAMAGES PRESCIBED TEXT BOOK, SEACHABLE
All for this textbook (2)
Written for
University of South Africa (Unisa)
Law of damages
All documents for this subject (80)
3
reviews
By: lawdegreestudent • 2 weeks ago
AI generated
By: khanyisilemdleko • 2 weeks ago
By: StuddyBuddyTutor • 3 weeks ago
Excellent work! Memo is fully referenced with detailed answers. Includes footnotes and a bibliography.
Seller
Follow
LLBExampacksAndTutorials
Reviews received
Content preview
Tutors you can trust. Voted “BEST
SELLING” memos for the year 2022/2023.
LPL4802
Law of Damages
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 258267
DUE DATE: - 23 - 30 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
QUESTION 1 (ESSAY) NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES FOR PATRIMONIAL
LOSS (4 pages, including rubric)
PLEASE NOTE: You must present your answer in the form of an essay. Its marking rubric is attached with this
examination paper. Study the case Komape and others v Minister of Basic Education and Others 2020 (2) SA 347 (SCA)
a copy of it is attached here and answer the questions below. N.B.: The question below must be answered in the form
of an essay. At the end of your essay, attach the rubric that was supplied to you along with your exam answer script.
1.1 Discuss what the plaintiff needs to prove to be successful in a claim for shock (psychiatric injury) as a head of
damage for non-patrimonial loss. Refer to relevant authority in your answer. (15)
1.2 Critically analyse the reasons (advanced by the court) why Constitutional damages, claimed in addition to common
law damages, must at present necessarily fail. (10)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations o
warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this document ma
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: 062 810 8624 Email: llbexampacks@gmail.com
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
,QUESTION 1 (ESSAY) NATURE AND ASSESSMENT OF NON-PATRIMONIAL
LOSS AND DAMAGES FOR PATRIMONIAL LOSS (4 pages, including rubric)
PLEASE NOTE: You must present your answer in the form of an essay. Its
marking rubric is attached with this examination paper. Study the case
Komape and others v Minister of Basic Education and Others 2020 (2) SA
347 (SCA) a copy of it is attached here and answer the questions below. N.B.:
The question below must be answered in the form of an essay. At the end of
your essay, attach the rubric that was supplied to you along with your exam
answer script.
1.1 Discuss what the plaintiff needs to prove to be successful in a claim for
shock (psychiatric injury) as a head of damage for non-patrimonial loss.
Refer to relevant authority in your answer. (15)
1.2 Critically analyse the reasons (advanced by the court) why Constitutional
damages, claimed in addition to common law damages, must at present
necessarily fail. (10)
TOTAL MARKS FOR THIS QUESTION: [25]
, Introduction
In the case of Komape and Others v Minister of Basic Education and Others
(2020), the Supreme Court of Appeal1 dealt with significant issues concerning
claims for shock (psychiatric injury) and the parameters of constitutional damages
within the South African legal framework.2 This essay will explore what a plaintiff
must establish to succeed in a claim for psychiatric injury and analyse the court’s
reasoning regarding the failure of claims for constitutional damages. 3
Visser discusses the Komape case by analysing the implications of the court's
decisions regarding claims for non-patrimonial loss, particularly focusing on the
principles governing shock or psychiatric injury. 4 Visser also addresses the context
of constitutional damages, emphasising the lack of a legal framework to support
such claims and the necessity for clear guidelines in awarding damages for
violations of constitutional rights.5 His commentary reflects on the balance between
common law principles and constitutional mandates, providing a critical
perspective on the current state of damages law in South Africa.6
1.1 Proving Shock (Psychiatric Injury)
1 Komape and others v Minister of Basic Education and Others 2020 (2) SA 347 (SCA).
2 Komape and others v Minister of Basic Education and Others 2020 (2) SA 347 (SCA).
3 Komape and others v Minister of Basic Education and Others 2020 (2) SA 347 (SCA).
4 Visser, D. (2023). Law of Damages. 3rd ed. Cape Town: Juta Law.
5 Visser, D. (2023). Law of Damages. 3rd ed. Cape Town: Juta Law.
6 Visser, D. (2023). Law of Damages. 3rd ed. Cape Town: Juta Law.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.27. You're not tied to anything after your purchase.
