LPL4802 PORTFOLIO EXAM – OCT/NOV 2023

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LPL4802 PORTFOLIO EXAM – OCT/NOV 2023

DUE DATE: 27 OCTOBER 2023

TAKE-HOME EXAMINATION

Description

LPL4802 PORTFOLIO EXAM – OCT/NOV 2023

QUESTION 1

NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY)

(a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June 2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as amended and answer the question below:

Write a critical appreciation/analysis of the court’s reasoning to disqualify the forklift as a motor vehicle for the purposes of claiming damages from the Road Accident Fund. Refer to the relevant case law and applicable legislation quoted and relied on, in this case.

(b) Study Motladile v Minister of Police (414/2022) [2023] ZASCA 94 (12 June 2023) case, herein attached and answer the question below:

Evaluate the court’s dismissal of a ‘one size fits all’ approach to quantifying damages/compensation for wrongful arrest and detention. Use case law to support your answer.

Description

LPL4802 PORTFOLIO EXAM – OCT/NOV 2023

QUESTION 1

NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY)

(a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June 2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as amended and answer the question below:

Write a critical appreciation/analysis of the court’s reasoning to disqualify the forklift as a motor vehicle for the purposes of claiming damages from the Road Accident Fund. Refer to the relevant case law and applicable legislation quoted and relied on, in this case.

(b) Study Motladile v Minister of Police (414/2022) [2023] ZASCA 94 (12 June 2023) case, herein attached and answer the question below:

Evaluate the court’s dismissal of a ‘one size fits all’ approach to quantifying damages/compensation for wrongful arrest and detention. Use case law to support your answer.

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