C and D are neighbors. C recently moved into the house next to D. He immediately started

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Question:

C and D are neighbors. C recently moved into the house next to D. He immediately started building a brick wall between his property and that of D. On the morning of 24 August 2012, D confronted C on the pavement when the latter was trying to access the road. D accused C that he was building the wall on D's property and that he was stealing a part of his property. When C vehemently denied the allegations, D lost his temper and assaulted C with his walking stick.

In the process C's glasses were broken, and he suffered severe head injuries, as well as injuries to his hand as he tried to ward off the blows. D also caused damage to C's car. C had to be taken to hospital by ambulance where he was treated for his head injuries and the injuries to his hand. As C is a self-employed carpenter, he needs his hand to conduct his business. C was hospitalized for a week, but he still needs to go to a physiotherapist on a regular basis to restore the damage to his hand. For 6 weeks C could not continue with his business as usual.

As soon as he recovered C consulted an attorney to advise him on the possibility of claiming damages from D. The case eventually went on trial on 9 September 2017.

1.1

Identify the different claims that C might have against D. State whether the claim constitutes a patrimonial or non-patrimonial loss. Also state whether the damage can be classified as damnum emergens or damnum cessans.

1.2

Use the same set of facts as above, but assume that the costs for all the damages were calculated as R200 000, except for loss of earnings. But by the time the case went to trial, the costs had escalated to R300 000 as a result of inflation. For which amount will C be compensated on the 9th of September 2017? Substantiate your answer by referring to a decided judgment. You must state the ratio decidendi of this case in your answer.

1.3

As a result of his broken hand, C could not work for 3 months. He earns R30 000 a month as a carpenter. How much can he claim from D for loss of earnings at the trial date? How can he prove his loss of income?

based on the South African Law of Evidence