Law of Damages: LPL 4802
Jacques Michael le Roux
56066481
LPL 4802 – Law of Damages
Unique number: 555646
Content
1. Introduction
2. Losses Suffered by the Claimants
3. Quantification of Each Head of Damage
3.1 Medical and Other Expenses Incurred
3.2 Future Medical and Other Expenses Incurred
3.3 Loss of Past Income or Earnings
3.4 Loss of Earning Capacity
3.5 Loss of Profit
3.6 Damages for Medical and Funeral Expenses caused by Death
3.7 Damages for Loss of Support caused by Death
4. Conclusion
5. Bibliography
1. Introduction
The assessment and quantification of damages for patrimonial loss caused by bodily injuries and or death of another will be discussed below in accordance with the stipulated facts. Bodily injuries and the death of another in the stipulated facts where caused by negligent conduct. Most claims for damages on account of bodily injuries and death are due to motor vehicle accidents, as in the facts stipulated.1 In accordance with this notion, the legislature has adopted section 17(1) of the Road Accident Fund2 (RAF). This section “constitutes an embodiment of common-law actions”.3 Furthermore, the Compensation for Occupational Injuries and Death act4 (CIOD) is an important source for claims for damages due to bodily injuries and death.5 Both these acts will be used in accordance with the establishment of the quantification process for each head of damages by referring to the evidentiary burden resting on each claimant and the different patrimonial losses emanating from the bodily injuries to each claimant and the death of Lebo.
2. Losses Suffered by the Claimants
In the stipulated facts there are numerous claimants. All of these claimants suffered different forms of patrimonial loss due to bodily injuries or death. The first claimant is Thabo. The patrimonial loss suffered due to his bodily injuries is his medical and related expenses and his loss of income. The second claimant is Steven. The patrimonial loss he suffered due to his bodily injuries is his
56066481
LPL 4802 – Law of Damages
Unique number: 555646
Content
1. Introduction
2. Losses Suffered by the Claimants
3. Quantification of Each Head of Damage
3.1 Medical and Other Expenses Incurred
3.2 Future Medical and Other Expenses Incurred
3.3 Loss of Past Income or Earnings
3.4 Loss of Earning Capacity
3.5 Loss of Profit
3.6 Damages for Medical and Funeral Expenses caused by Death
3.7 Damages for Loss of Support caused by Death
4. Conclusion
5. Bibliography
1. Introduction
The assessment and quantification of damages for patrimonial loss caused by bodily injuries and or death of another will be discussed below in accordance with the stipulated facts. Bodily injuries and the death of another in the stipulated facts where caused by negligent conduct. Most claims for damages on account of bodily injuries and death are due to motor vehicle accidents, as in the facts stipulated.1 In accordance with this notion, the legislature has adopted section 17(1) of the Road Accident Fund2 (RAF). This section “constitutes an embodiment of common-law actions”.3 Furthermore, the Compensation for Occupational Injuries and Death act4 (CIOD) is an important source for claims for damages due to bodily injuries and death.5 Both these acts will be used in accordance with the establishment of the quantification process for each head of damages by referring to the evidentiary burden resting on each claimant and the different patrimonial losses emanating from the bodily injuries to each claimant and the death of Lebo.
2. Losses Suffered by the Claimants
In the stipulated facts there are numerous claimants. All of these claimants suffered different forms of patrimonial loss due to bodily injuries or death. The first claimant is Thabo. The patrimonial loss suffered due to his bodily injuries is his medical and related expenses and his loss of income. The second claimant is Steven. The patrimonial loss he suffered due to his bodily injuries is his