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

Question

his claim for damages against Lebo with reference to the applicable legal principles and
case law.

Answer 1

In this scenario, Sipho would have a strong claim for damages against Lebo for the harm caused to him, including his broken nose and the shattering of his glasses. However, the fact that Sipho's medical expenses are covered by his medical aid could impact his claim for damages against Lebo.

Under the legal principle of the doctrine of mitigation of damages, Sipho has a duty to take reasonable steps to minimize the extent of his damages. In this case, by utilizing his medical aid to cover his medical expenses, Sipho may have already mitigated some of the damages he could claim against Lebo. This means that the damages that Sipho can claim from Lebo may be limited to other losses suffered as a result of the punch, such as pain and suffering, emotional distress, or lost wages.

Furthermore, the fact that Sipho's medical expenses were covered by his medical aid may impact the calculation of damages by the court. The court may take into consideration the fact that Sipho did not have to incur out-of-pocket expenses for his medical treatment when determining the amount of damages to be awarded.

In considering case law, courts have held that damages must be assessed on the basis of what is reasonable and fair in the circumstances. This may mean that the court will take into account the fact that Sipho's medical expenses were covered by his medical aid when determining the amount of damages to be awarded.

In conclusion, while Sipho's medical aid coverage for his medical expenses may impact his claim for damages against Lebo, he may still be able to claim damages for other losses suffered as a result of the punch. The court will ultimately consider all relevant factors in determining the amount of damages to be awarded to Sipho.