Sipho and Lebo are engaged in a vigorous verbal fight. The next moment Lebo punches Sipho in

Question

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.
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

Answer 1

In South African law, there is a principle called "volenti non fit injuria" which translates to "to one who is willing, no harm is done." This principle states that if someone consents to the risk of harm, they cannot later claim damages for that harm. In this case, since Sipho was engaged in a verbal fight with Lebo, it could be argued that he should have been aware of the potential for physical harm due to the escalating nature of the argument. Therefore, Sipho may have impliedly consented to the risk of being punched by continuing the argument.

Additionally, South African law also recognizes the principle of contributory negligence, which means that if a person contributes to their own harm through their own actions or inaction, their damages may be reduced or completely denied. In this case, it could be argued that Sipho contributed to the harm by not being quick enough to escape Lebo’s fist or by engaging in the argument in the first place.

However, Sipho’s medical aid covering his medical expenses may indicate that he did not consent to the harm or contribute to it in any way, as it shows that he did not anticipate or take responsibility for the consequences of the fight. Therefore, Sipho may still be able to claim damages against Lebo for the harm caused, but the amount of damages awarded may be reduced to reflect any contribution to the harm on Sipho’s part.

Ultimately, the outcome of Sipho’s claim for damages against Lebo will depend on the specific circumstances of the case, including the nature of the argument, the actions of both parties, and any other relevant factors. Consulting a legal expert for advice would be advisable in this situation.