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Assignment 01

The document outlines the details for an assignment in the Law of Damages module (LPL4802) for the year 2025, including submission instructions and assessment criteria. Students are required to critically discuss subjective and objective approaches to patrimonial loss, referencing the case Rudman v Road Accident Fund. The assignment is due on March 28, 2025, and must adhere to specific formatting and submission guidelines.

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3 views

Assignment 01

The document outlines the details for an assignment in the Law of Damages module (LPL4802) for the year 2025, including submission instructions and assessment criteria. Students are required to critically discuss subjective and objective approaches to patrimonial loss, referencing the case Rudman v Road Accident Fund. The assignment is due on March 28, 2025, and must adhere to specific formatting and submission guidelines.

Uploaded by

thapelomotingo1
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DEPARTMENT OF PRIVATE LAW

LAW OF DAMAGES
MODULE CODE : LPL4802

YEAR : 2025

SEMESTER : 01

ASSIGNMENT NO : 01

ASSESSMENT TYPE : WRITTEN

DUE DATE : 28 March 2025

TIME : 17:00

TOTAL MARKS : 25

INSTRUCTIONS TO STUDENTS

a) Paragraph your work clearly and objectively and ensure the use of correct and
relevant legal writing in your answer.
b) Use 12-point, Arial font and justify your work.
c) Footnotes are compulsory where you refer to authority.
d) Include the Bibliography at the end of the essay.
e) Sign and annex an Academic Declaration of Honesty to your answer.
f) Attach the rubric to your typed assignment, converted to a pdf file.
g) The length of your essay must not exceed 7 printed pages – excluding the cover
page, rubric and the bibliography.
h) For any academic queries, contact your lecturers:
Mrs. R Mahomed, email [email protected] or call 012 429 6395.
Adv M Khumalo, email [email protected] or call 012 429 8424.
i) All assignments must be submitted before the due date on mymodules tab. No
posted nor emailed assignments, before or after the submission date will be
accepted.

Page 1 of 2
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]

© UNISA 2025

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