QUESTION 2
PATRIMONIAL LOSS: BODILY INJURY, DEATH ETC.
Read the set of facts below and answer the questions that follow.
(a) Which items may not be claimed from the RAF? State the law that supports
your answer. [4]
...
QUESTION 2
PATRIMONIAL LOSS: BODILY INJURY, DEATH ETC.
Read the set of facts below and answer the questions that follow.
(a) Which items may not be claimed from the RAF? State the law that supports
your answer. [4]
(b) State two general damages and two special damages she may recover from
the RAF. [4]
(c) As per the facts above, Ms Enne was admitted in an expensive private hospital.
What are her chances to claim full medical bills, if a provincial hospital could
provide similar services? Use case law to support your answer. [7]
(d) Ms Enne had recently accepted a better paying job as a Physical Trainer in a
local soccer club. Evidence from the physiotherapist suggests that she may not
be gainfully engaged in physically straining activities anymore. Discuss her
chances of successfully claiming loss of earning capacity. [10]
[25 marks]
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Ms P and Ms Y, both employees at Sunroof (Pty) Ltd had attended an interview at
work, for a promotional position. Ms Y was successful in the interview and was
ultimately hired into that position. Ms P was convinced that she deserved the job since
she was more experienced than Ms Y but felt that because Ms Y had a romantic
relationship with the HR manager, she had then been promoted undeservedly. To vent
her frustration at missing out on the promotion, Ms P slashed Ms Y’s Mercedes Benz
tyres, scratched the body of the vehicle all over and then went onto her X account
(formerly Twitter) and slandered Ms Y. Ms Y wants to institute an action against Ms P.
QUESTION 3
COLLATERAL SOURCE RULE
(a) Summarise the rules that underlie the principle of subrogation in instances where
an insured person claims damages against the wrongdoer. Provide examples for
each principle. [10]
(b) X, a 35-year-old widow, whose husband was killed in a motor vehicle accident
wants to know the prospects of successfully claiming loss of support against the
Road Accident Fund. Explain fully, how her rights to claim such damages could
be affected by the probability of re-partnership
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