Question

Sipho and Lebo are engaged in a vigorous verbal fight. The next moment Lebo punches Sipho in
the face. Sipho was not expecting the punch and was not quick enough to escape Lebo’s fist. The
punch broke his nose and simultaneously caused his glasses to fall to the ground and shatter in
pieces.
3.1 With reference to case law, explain how many causes of action resulted from Lebo’s act
and the effect thereof with reference to the type of harm caused, the type of claim(s) and
the prescription of the claim(s) REFER TO VISSER&POTGIETER and cases in law of damages textbook

Answer 1

In this scenario, two causes of action resulted from Lebo's act of punching Sipho in the face.

The first cause of action would be a claim for personal injury resulting from the broken nose. This would fall under the category of delictual claim for general damages for pain and suffering, medical expenses, loss of income, etc. This claim would be subject to the three-year prescription period as outlined in the Prescription Act.

The second cause of action would be a claim for damage to property, specifically Sipho's shattered glasses. This would also fall under a delictual claim, but for special damages relating to the cost of replacing the broken glasses. This claim would also be subject to the same three-year prescription period.

In conclusion, Lebo's act resulted in two separate causes of action - one for personal injury and one for damage to property. Each claim would have its own specific type of harm, type of claim, and prescription period as determined by relevant case law and legislation.