Question

Your client, Mrs Vusani, approaches you for legal advice. She qualified as a physiotherapist in
2008 but only practised as such for a year thereafter. She was married in 2009 and has been
caring for the children born from their marriage since then while her husband provided for the
family. She was recently seriously injured at a water park due to one of the waterslides
malfunctioning. She was thrown over the side of one of the slides. Her spinal cord was injured as
a result and doctors fear that she will not be able to walk again. It is further expected that she
will incur further medical expenses in the future and she will probably never be able to work as
a physiotherapist again.
Advise Mrs Vusani on the following:

1.1 Does the loss of earning capacity constitute a present or prospective loss? Explain your
answer with reference to the prospective and present legs of prospective damage. Refer
to case law in support of your answer. (5)
1.2 The application of the ‘once and for all’ rule in this case, particularly with regard to the
prospective loss of Mrs Vusani. refer to visser&potgieter for answers page 130-140, footnote 45 cases for support