Torts - Remedies

Josua is a 37year old male. Josua is divorced. He plays $100 a fortnight to his ex-wife for child maintenance. He has 2 boys who are in primary school. He also pays entirely for their school fees. The child maintenance and school fees results from his dissolution agreement with his ex-wife. Josua earns $50,000 a year. He pays 15% income tax on his earnings. Josua is a highline worker for KPT Electric. Due to his employers negligence , Josua recently suffered a fall from about 10 meters and factured his vertebrae. Doctors estimate that Josua will take 30 months to recover. However, they are not opportunistic that he will fully recover and advise him that he may not work on the highline again. He was also advised to seek the services of a caregiver for 12 months until he restores part of his mobility. Josua as a result hired a lady from his village to come to the city to be his caregiver. Josua needed assistance with going to the bathroom and cleaning the house. His back injury would often get exacerbated if he would do things himself. He paid his caregiver $100 a fortnight. Josua tendered his medical report to his employer. His employer offered him a desk-job at KPT Electric at a similar pay grade. He however needed to undergo software training in order to be well versed with his new role. Josua accepted the offer but soon developed depression and anxiety as he still wanted to be on the highline. He began missing work as a result, began binge drinking and eating unhealthy. Once a fit and healthy individual, Josua shortly became obese and developed cardiac complications as a result of his lifestyle. His employer as a result was not happy with his performance and he soon was terminated from his new role only 6 months after the injury. Doctors are also now advising that he will need by-pass surgery within 12 months to avoid a heart attack. On 21 September 2021, Josua brought a case against his employer. The employer has admitted negligence. 1. Assess the scenario and determine which heads of damages you think Josua is entitled to. Identify any facts that you think you will need to complete your calculations. 2. Discuss issues relating to mitigation in relation to Josua's case.