Harm and Compensation Law

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Questions and Answers

What was the basis of the court's ruling in Collins v Administrator regarding damages for pain and suffering?

  • The ruling emphasized the need for subjective assessments in all cases.
  • Compensation was considered pointless due to the plaintiff's lack of awareness. (correct)
  • The plaintiff had the capacity to perceive and appreciate the award.
  • The plaintiff's suffering was deemed significant enough to warrant damages.

In which case did the court extend damages to include pain, suffering, and loss of amenities of life for the plaintiff?

  • Smith v State.
  • Collins v Administrator, Cape.
  • Reyneke v Mutual and Federal Insurance Co Ltd. (correct)
  • Doe v Roe.

What are the three classic personality interests mentioned in the text?

  • Liberty, identity, self-esteem.
  • Integrity, dignity, compassion.
  • Corpus, dignitas, fama. (correct)
  • Freedom, integrity, reputation.

What does the test for violation of dignity focus on?

<p>The subjective experience of the plaintiff regarding the behavior of the defendant. (D)</p> Signup and view all the answers

What was the court's stance on awarding damages for loss of amenities of life for a plaintiff in a permanent vegetative state?

<p>There is no purpose in awarding damages since the plaintiff cannot appreciate quality of life. (B)</p> Signup and view all the answers

What are the three broad categories of patrimonial loss?

<p>Financial loss from personal injury, damage to property, and purely economic loss (C)</p> Signup and view all the answers

Which of the following actions would typically violate a person's bodily integrity?

<p>Committing an assault. (A)</p> Signup and view all the answers

Which of the following accurately defines non-patrimonial harm?

<p>Harm that cannot be measured in monetary terms, including pain and shock (B)</p> Signup and view all the answers

In the Gerke NO v Parity Insurance Co Ltd case, what was the basis for awarding damages despite the plaintiff's vegetative state?

<p>The court recognized objective harm in the loss of the ability to enjoy life, despite lack of awareness. (B)</p> Signup and view all the answers

What element distinguishes the subjective approach to damages in Collins v Administrator from an objective approach?

<p>Emphasis on the plaintiff's awareness of harm. (C)</p> Signup and view all the answers

In the context of personality rights, what is defined by fama?

<p>The reputation of an individual affected by defamatory material. (D)</p> Signup and view all the answers

Which formula is used to evaluate patrimonial loss?

<p>Sum Formula comparing estate before and after the incident (B)</p> Signup and view all the answers

What is considered a component of loss of amenities of life?

<p>Interference with comfortable living and enjoyment of life (B)</p> Signup and view all the answers

What type of legal action is associated with patrimonial harm?

<p>Lex Aquila (A)</p> Signup and view all the answers

Which of the following best describes psychological harm as mentioned in the context of pain and suffering?

<p>It encompasses feelings of fear and anxiety experienced after a traumatic event. (B)</p> Signup and view all the answers

Which statement about claiming pain and suffering is incorrect?

<p>Pain and suffering can be claimed for temporary inconvenience without lasting effects. (B)</p> Signup and view all the answers

Flashcards

Patrimonial Loss

Financial loss to a person's estate, measured by comparing their financial state before and after the incident.

Non-Patrimonial Loss

Harm that cannot be measured in money. Examples include pain, shock, discomfort, and loss of pleasure in life.

Lex Aquilia Action

Legal action used to claim compensation for financial loss caused by harm. Covers three categories: personal injury, property damage, and purely economic loss.

Pain and Suffering

Suffering caused by physical or emotional pain. Can be both physical and psychological, and includes mental anguish and fear.

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Loss of Amenities of Life

Loss of the ability to enjoy life's pleasures due to harm. Can include general inconvenience, loss of life expectancy, and humiliation.

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Actio Iniuriarum

Legal action used to claim compensation for violation of personality interests, such as dignity and reputation. It is used for non-patrimonial harm.

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Gerke NO v Parity Insurance Co Ltd

A legal case where damages for pain and suffering and loss of amenities of life were awarded to a patient in a permanent vegetative state.

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Objective Harm

The courts awarded damages for loss of amenities of life under the premise that the plaintiff, despite being unaware, would still experience the harmful loss.

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Objective Approach to Compensation

A legal principle that prioritizes objective assessment of harm caused, regardless of the plaintiff's awareness. It focuses on the actual injury and its impact, even if the plaintiff cannot experience it.

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Subjective Approach to Compensation

A legal principle that considers the plaintiff's subjective experience and awareness of the harm when determining compensation. It emphasizes the plaintiff's ability to perceive and understand the injury.

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Damages for Pain and Suffering

Damages awarded to compensate for physical pain or suffering. This includes both physical discomfort and emotional distress.

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Damages for Loss of Amenities of Life

Damages awarded to compensate for the loss of enjoyment of life, such as the inability to participate in activities or pursue hobbies due to an injury.

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Corpus (Bodily Integrity)

The right to physical integrity is protected against unlawful assault or deprivation of liberty, such as wrongful arrest. It ensures the safety and security of one's body.

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Dignitas (Dignity)

The right to dignity protects against actions that degrade or insult a person's self-worth and respect. It ensures that a person is treated with honor and consideration.

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Fama (Reputation)

The right to reputation protects against false or defamatory statements that harm a person's standing in the community. It ensures that a person's good name is not tarnished.

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Violation of Psychological Integrity

A violation of personality rights based on actions that cause emotional distress or psychological harm, even if there is no physical injury.

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Study Notes

Harm and Compensation

  • Harm, either actual or potential, is necessary for a plaintiff to claim compensation. Multiple types of harm can occur simultaneously.
  • Patrimonial loss refers to financial loss. To determine harm, compare the plaintiff's financial state before and after the incident.
  • Types include financial losses from injuries, property damage, or purely economic losses.
  • Non-patrimonial loss cannot be measured financially. Examples include pain, inconvenience, and emotional distress.
  • Pain and suffering encompasses literal pain and the loss of life's pleasures. This can include psychological harm, mental anguish, or fear and anxiety. Important: Pain must be experienced and expected to continue in the future.
  • To claim pain and suffering, the cause of the pain must be linked to the plaintiff's physical injury.
  • Loss of amenities of life refers to loss of enjoyment of life, including inconvenience, discomfort, reduced life expectancy, and humiliation.
  • Germanic remedy for pain and suffering. Actio Iniuriarum for violation of personality rights.
  • Gerke NO v Parity Insurance Co Ltd (1966): A plaintiff in a vegetative state was awarded damages for loss of life's enjoyment, even with no awareness. The court prioritized objective harm.
  • Reyneke v Mutual and Federal Insurance Co Ltd (1991): Followed the same objective harm approach as the prior case.
  • Collins v Administrator, Cape (1995): This case rejected pain and suffering compensation for a plaintiff lacking awareness of their injury. Focus was on subjective experience.
  • Infringement of Personality Rights: Three classic areas include:
  • Corpus: Bodily integrity (violation by assault, wrongful arrest). Psychological harm can result.
  • Dignitas: Dignity (narrow sense - self-esteem; wide sense - various interests). Degradation or insult is key. Test is subjective and focuses on plaintiff's experience.
  • Fama: Reputation (violation by publishing defamatory material). Must affect opinions held by other individuals, not just the plaintiff and defendant.

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