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LPL4802 October/November (Exam) Memo | Due 30 October 2025. All questions fully answered. QUESTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (INJURY TO PERSONALITY)
Study the attached judgment, MEC for Health, Gauteng Provincial Government v AAS obo CMMS (401/2023) [2025] ZASCA 91 (20 June 2025), and answer the questions that follow. Your response must be written in essay format. Each substantive point you make, when supported by relevant legal authority, will carry a value of two (2) marks.
1.1 According to the majority judgment, how should the court a quo have approached comparable cases when assessing general damages? Discuss with reference to the relevant authority cited in the judgment. (15 marks)
1.2How should general damages be assessed in cases involving unconsciousness? Support your answer with the relevant authority as cited in the prescribed textbook. (10 marks)
[25 marks]
QUESTION 2: QUANTUM OF DAMAGES AND SATISFACTION FOR NON-PATRIMONIAL LOSS (INJURY TO PERSONALITY)
Study the majority judgment in the case mentioned in question 1 for question 2.1
2.1 Should claims for pain and suffering and for loss of amenities of life always be combined in their quantification? In your answer, first explain the distinction between these two heads of damages and then discuss the importance of handling them as separate heads. (12 marks)
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