QUESTION 2
The primary aim of damages for Mr Nyathi in this situation would be compensation for the harm he suffered as a result of being wrongfully arrested and assaulted by others in custody. Damages in this case would be directed towards compensating Mr Nyathi for the physical and emotional harm he endured during the weekend he was detained.
In principle, Mr Nyathi would be able to claim various types of damages, including general damages for pain and suffering, special damages for any specific financial losses incurred as a result of the wrongful arrest and assault, and potentially punitive or exemplary damages if the conduct of the police was particularly egregious.
An award of nominal damages could potentially be used to punish the perpetrator (in this case, the police) if the court finds that their actions were particularly egregious or if there is a need to send a message that such conduct will not be tolerated.
In the modern law of damages, there is a growing recognition of the need for damages to not only compensate the victim for their losses but also to deter wrongful conduct and provide a form of punishment in appropriate cases. Therefore, in Mr Nyathi's case, damages would primarily be aimed at compensating him for the harm he suffered, but punitive damages could also potentially be awarded to punish the police for their wrongful actions.
QUESTION 3
3.1 Lebo's act of punching Sipho in the face would give rise to multiple causes of action. Firstly, there would be a cause of action for battery, which is the intentional and unlawful application of force to another person. This would be based on the physical harm caused to Sipho's nose. Secondly, there would be a cause of action for negligence, as Lebo's actions also resulted in harm to Sipho's glasses, which were shattered as a result of the punch.
The effect of these causes of action would be that Sipho could potentially bring separate claims for battery and negligence against Lebo, each with their own requirements and remedies. The prescription period for these claims would depend on the specific laws of the jurisdiction in which the incident took place.
3.2 Sipho's medical aid covering his medical expenses would impact his claim for damages against Lebo in that he would not be able to claim these expenses as part of his damages. In general, the principle of restitutio in integrum requires that damages awarded should place the plaintiff in the position they would have been in had the wrong not occurred. Since Sipho's medical expenses are already covered, he would not be entitled to claim them as part of his damages from Lebo.
This principle is supported by case law which generally holds that a plaintiff cannot recover damages for losses that have been covered by insurance or other forms of compensation. Therefore, Sipho's medical aid covering his medical expenses would impact his claim for damages against Lebo by reducing the amount that he would be entitled to claim for his losses.
QUESTION 2
Mr Nyathi approaches you for legal advice. He was arrested over a weekend for an alleged crime he committed. He was detained for the entire weekend and released without charges the following Monday when the police realised that they had arrested the wrong person. He was severely assaulted during the weekend by others with whom he shared a cell.
Mr Nyathi wants to institute a claim against the police for the harm he suffered.
Explain the primary aim of damages to Mr Nyathi and whether it is directed at compensation or punishment. Your answer must refer to the types of damages Mr Nyathi will, in principle, be able to claim, as well as your opinion on whether an award of nominal damages could be used to punish the perpetrator. Explain your answer with reference to the tendency in the modern law of damages.
[10]
QUESTION 3
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). (5)
3.2 Sipho’s medical aid covers his medical expenses. Critically explain how this would impact his claim for damages against Lebo with reference to the applicable legal principles and case law. (5)
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