Common Law in Southern Africa: Conflict of Laws and Torts Precedents

By Peter B. Kutner | Go to book overview

9
ASSESSMENT OF DAMAGES

PERSONAL INJURIES

The judgment in Radebe v. Hough1 considers whether the plaintiff's economic, social or racial status affects the assessment of damages for pain and suffering. The plaintiff claimed damages for assault, having been shot by the defendant. The bullet wound caused severe pain for some days after the assault. The pain and discomfort had diminished over time but would never disappear completely. The trial judge awarded the plaintiff ¢16, stating:

in awarding damages for pain and suffering one must take into consideration the standing of the person injured. For instance, in the case of a native, as is the plaintiff, who is earning the sum of ¢ per week, I should most certainly not award the same amount for pain and suffering as I would for the same pain and suffering of a person who had more culture and, for instance, I would award a larger sum for damages in the case of an injury to a European woman than I would do for a native male, and so too in the present case, if it had been a European of some standing I would have awarded greater damages than I now propose to do . . . . I have come to the conclusion that if I award him for pain and suffering an amount equivalent

____________________
1
1949 ( 1) S.A. 380 (A.D.).

-229-

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Common Law in Southern Africa: Conflict of Laws and Torts Precedents
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • Introduction 1
  • I - Southern African Precedents for the Conflict of Laws 9
  • 1 - Domicile 11
  • 2 - Jurisdiction 31
  • 3 - Recognition of Foreign Money Judgments 41
  • 4 - Choice of Law 61
  • 5 - Family Law 111
  • II - Southern African Precedents for the Law of Torts 155
  • 6 - Negligence 157
  • 7 - Defences and Apportionment of Damages 181
  • 8 - Vicarious Liability 209
  • 9 - Assessment of Damages 229
  • 10 - Nuisance and Trespass to Land 251
  • 11 - Misrepresentation 255
  • 12 - Economic Loss 267
  • 13 - Passing Off 283
  • 14 - Unlawful Competition 297
  • 15 - Defamation 307
  • 16 - Privacy 341
  • Bibliographic Note 347
  • Principal Works Cited and Abbreviations 349
  • Table of Statutes 353
  • Table of Cases 355
  • Conflict of Laws Index 365
  • Torts Index 369
  • About the Author 373
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