In South African law, a person who has been wrongfully injured can claim damages from the person who caused the injury. In this case, Sipho has a valid claim for damages against Lebo for the broken nose and the shattered glasses. However, the fact that Sipho's medical aid covers his medical expenses may have an impact on his claim for damages.
According to the principles set out in Potgieter & Visser, 3 Intellectual Property Law 278, the amount of damages that can be claimed is limited to the actual loss suffered by the injured party. If Sipho's medical aid covers his medical expenses, he may not be able to claim those expenses as damages from Lebo. This is because he has not actually suffered a financial loss in relation to his medical expenses.
However, Sipho may still be able to claim damages for pain and suffering, emotional distress, and any other non-financial losses resulting from the incident. The fact that his glasses were shattered and he now has to replace them could also be included in his claim for damages.
In conclusion, while Sipho's medical aid covering his medical expenses may impact his claim for damages, he may still be able to claim for other losses incurred as a result of the incident. The key consideration will be whether he has suffered a financial loss that he would not have otherwise incurred.
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
his claim for damages against Lebo with reference to the applicable legal principles and
case law. refer to potgieter& visser for answer
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