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three months after the accident. The psychologist treating Latoya warned that she would suffer mild amnesia from time to time, as a result of the
three months after the accident. The psychologist treating Latoya warned that she would suffer mild amnesia from time to time, as a result of the post-traumatic stress occasioned by her involvement in the accident. Latoya's E240 Mercedes Benz also sustained extensive damage which experts estimate will cost R 70 000 to repair (a) Identify and comment on the elements of damage which are evident in this scenario. (8) (b) Wakanda was born with a serious deformity that impedes the free movement of his legs. He approaches you in your capacity as an attorney and requests you to represent him in a claim for damages against Doctor X whom he feels she wrongfully failed to inform his parents about the possibility that he would be born with his present disability. Advise Wakanda on the success of his claim against Doctor X. In your answer, refer to relevant case law and legal opinion (10) (c) "Wrongful life" claims are distinguishable from "wrongful birth" claims. Briefly discuss the position of "wrongful birth" claims in the South African law of damages. In your answer, refer to relevant authority. (5) (d) Legislation sometimes restricts the definition of damage. Specify two instances where this is the case. (4) (e) Discuss the four important differences between patrimonial and non-patrimonial loss. (8)
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