LPL4802 Assignment 1 Semester 1 | Due 28 March 2025

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LPL4802 Assignment 1 Semester 1 | Due 28 March 2025. 3 Answers provided.

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. All the best! [TOTAL MARKS 25]