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QUESTION 1: GENERAL CONCEPTS AND PRINCIPLES OF LAW OF DAMAGES 1.1 Study the set of facts below and answer the questions set on it. Zacks, a forty-year old male, who is employed at Africa Academic Hospital, was involved in a motor vehicle accident, while on official duty. The delivery van he was driving collided with an NP 200 Nissan bakkie carrying cement bags. The accident happened along a public road, between two major cities in South Africa. Zacks sustained some serious bodily injuries which took him three months to heal. Zacks' employer accepted responsibility, but succeeded in claiming 50% contributory negligence on the part of its employee, in that he was driving above the required speed limit at the time the accident happened.

a) In his capacity as an employee, who are the two defendants that Zacks may claim compensation from and or institute claims of action against, in terms of relevant statutes? Further provide such statutes on which Zacks can rely to make such claims.

b) In the event that the person/body standing in for the employer pays Zacks compensation, indicate what statutory right of recourse it (such body) has against the third party.

c) Zacks succeeds in claiming a total of R 102 000 as compensation for his injuries from the body standing in for his employer, subject to the deduction of his contributory negligence expressed as a percentage of the total claim. Calculate what is due to Zacks.

d) Zacks institutes claims on general damages from the third party. The court awards him R60 000, before deducting his contributory negligence. Discuss fully, with the aid of case law and legislation, how the court will arrive at Zacks' final award.

1.2 (a) Contrast the sum formula with the concrete concepts of damage.

(b) Write down the definition of compensation, in respect of damage or loss. (1)