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1	The nature, assessment and quantification of medical expenses as a head of delictual damage(s) Monyamane, Phillip Lesetja 07 1900 (has links) Medical expenses refer to all medical and related expenditure reasonably incurred in respect of bodily injuries sustained. This then constitutes the primary loss in incidences of bodily injuries. However, it is accepted that bodily injuries infringe in the main the non-patrimonial aspects of the individual’s bodily integrity which is a personality right. Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered. Furthermore, the dissertation analyses the assessment and quantification mechanisms in our law, and makes a comparative study with the corresponding positions in England and Australia. The intended outcome of this dissertation is to provide clear guidelines for the award of damages, particularly where future loss is involved. / Private Law / LLM Collateral source rule Interest as damages Interest on damages Mitigation of loss Nature of medical expenses Optimum medical benefits Private law (subjective) rights Reasonableness of expenses Right to healthcare Road Accident Fund Act 56 of 1996 Road Accident Benefit Scheme Bill 2013 346.86572068 Damages -- South Africa Torts -- South Africa Right to health -- South Africa Road Accident Fund (South Africa)
2	The nature, assessment and quantification of medical expenses as a head of delictual damage(s) Monyamane, Phillip Lesetja 07 1900 (has links) Medical expenses refer to all medical and related expenditure reasonably incurred in respect of bodily injuries sustained. This then constitutes the primary loss in incidences of bodily injuries. However, it is accepted that bodily injuries infringe in the main the non-patrimonial aspects of the individual’s bodily integrity which is a personality right. Notwithstanding this trite provision of our law, the dissertation contends that medical expenses as a head of damages is inherently patrimonial. In essence, the true nature of medical expenses as a loss that ultimately affects both the patrimonial and non-patrimonial interests of the individual, is considered. Furthermore, the dissertation analyses the assessment and quantification mechanisms in our law, and makes a comparative study with the corresponding positions in England and Australia. The intended outcome of this dissertation is to provide clear guidelines for the award of damages, particularly where future loss is involved. / Private Law / LLM Collateral source rule Interest as damages Interest on damages Mitigation of loss Nature of medical expenses Optimum medical benefits Private law (subjective) rights Reasonableness of expenses Right to healthcare Road Accident Fund Act 56 of 1996 Road Accident Benefit Scheme Bill 2013 346.86572068 Damages -- South Africa Torts -- South Africa Right to health -- South Africa Road Accident Fund (South Africa)

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The nature, assessment and quantification of medical expenses as a head of delictual damage(s)

The nature, assessment and quantification of medical expenses as a head of delictual damage(s)