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LPL4802 Assignment 1 2025 | 28 March 2025
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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 damagecausing
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.
ESSAY
The
law
of
delict
recognizes
patrimonial
loss
as
a
key
component
in
assessing
damages
in
cases
where
a
person
suffers
harm
due
to
another’s
wrongful
conduct.
Patrimonial
loss
refers
to
the
measurable
financial loss
a
person
incurs
due
to
an
event,
such
as
an
injury.
When
determining
patrimonial
loss,
two
primary
approaches
exist:
the
subjective
approach,
which
considers
the
plaintiff’s
personal
circumstances
and
how
the
loss
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