The question is based on the South African Law of Damages

Mr and Mrs A are married in community of property. Their marriage relationship has recently broken down irretrievably and they are constantly fighting. Last week the fight was so severe that Mr A physically assaulted Mrs A with a cricket bat. Even the neighbours ran over as they heard Mrs A's screaming. As a result of the assault by Mr A, Mrs A was severely injured and had to be hospitalised for bodily injuries sustained as a result of the assault. Mrs A suffered injuries to her back and her arm was broken, her face was also disfigured after the assault. Mrs A now wants to institute a claim in the amount of R300 000 for her prolonged hospital stay, loss of amenities of life and cosmetic disfigurement against Mr A.

You are her attorney and must advise her on her chances of success with her claims seeing that they have a joint estate. In your answer you have to refer to relevant case law and the prescribed article on the case. You also need to explain how the Bill of Rights changed the legal position in casu. It is important that you indicate whether the author of the prescribed journal article agreed with the decision or not.