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11	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)
12	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)
13	A selection of constitutional perspectives on human kidney sales Venter, Bonnie 13 November 2012 (has links) There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The aim of this dissertation is to examine and analyse the judicial framework pertaining to kidney transplants in South Africa. The examination is conducted within the framework of the South African Constitution and the National Health Act 61 of 2003. The specific focus of this dissertation is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable. A comparative study is undertaken, with Singapore and Iran as a background against which recommendations for the South African regulatory framework are made. The most important finding is that people should at least be granted the choice whether they would prefer to receive payment for their kidney donations or not. / Jurisprudence / LL.M. Kidney donation Organ sales Constitution Human life Human dignity Self-determination Privacy Healthcare Living donor Autonomy 344.4194068 Constitutional law -- South Africa Public health laws -- South Africa Human rights -- South Africa Right to health -- South Africa
14	A selection of legal issues relating to persons living with albinism Mswela, Mphoeng Maureen 10 1900 (has links) Despite the fact that albinism affects several South Africans, it is a condition that remains deeply misunderstood. Albinism is steeped in myth and false notions, and is perceived by many as a curse and contamination. For years, persons living with albinism have been treated with doubt and suspicion. Also in schools and in the wider community, children with albinism are subjected to violence and ridicule. In certain areas on the African continent, including Southern Africa, persons living with albinism are killed for the trade in body parts for use as sacramental medicines, or sexually assaulted as a result of the belief that raping them may offer a cure for HIV/AIDS. All of this highlights the extreme vulnerability of persons living with albinism, not to mention the many violations of their fundamental rights that follow from the manner in which they are treated. Within the social context that frames the experience of persons living with albinism, the primary purpose of this study is to highlight some of the pertinent challenges faced by persons living with albinism in South Africa which compromise the full enjoyment of their fundamental rights as enshrined in the South African Constitution. The thesis makes a number of practical recommendations that will assist in promoting the legal position of this vulnerable group, while also contributing to a better understanding of albinism in general which will ultimately change negative perceptions and debunk the myths surrounding the condition. / Jurisprudence / LL. D. Albinism Albino Disability Discrimination Colourism Muti murder Myths Stereotypes Popular culture The right to equality The right to dignity The right to life The right to health care services The right to education The right to social assistance 342.85068 Human rights Pigmentation disorders -- South Africa Right to education -- South Africa Right to health -- South Africa Right to life -- South Africa Equality -- South Africa

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