Lebo's act of punching Sipho in the face resulted in two causes of action: assault and battery. Assault refers to the intentional act that causes another person to fear imminent harm, while battery refers to the intentional and harmful or offensive contact with another person without their consent.
In this case, Lebo's act of punching Sipho in the face constitutes battery, as it involved intentional and harmful contact without Sipho's consent. The harm caused by the punch includes the broken nose and the shattering of Sipho's glasses.
In terms of the type of claim, Sipho would have a delictual claim against Lebo for the damages he suffered as a result of the battery. This claim would include compensation for Sipho's medical expenses related to the broken nose, as well as the cost of replacing the shattered glasses.
The prescription period for a delictual claim in South Africa is three years. Therefore, Sipho would have three years from the date of the incident to institute legal proceedings against Lebo for the damages he suffered as a result of the battery.
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
1 answer
1 answer