LPL 4802 LAW OF DAMAGES 2021 ASSIGNMENT 4 WITH REFERENCES BOTH SEMESTERS 100 PASS

QUESTION 1

In terms of this theory the receipt of money allows a plaintiff greater economic

freedom and so assists him or her to overcome the non-patrimonial loss which the

plaintiff experiences.

1. Overcoming non-patrimonial loss theory

2. Creation of happiness to counter-balance impairment of feelings theory

3. Comprehensive theory of compensation

4. 1 and 2

5. 2 and 3

QUESTION 2

Damages aimed at supplementing incomplete or defective performance is called:

1. Compensatory damages.

2. Complementary damages.

3. Restitutionary damages.

4. Exemplary damages.

5. Special damages.

QUESTION 3

Dr X entered into an agreement with Mr and Mrs Z to sterilize Mrs Z while performing

a Caesarean section on her because they could not afford another child. During the

operation Dr X forgot about it and the sterilisation was not performed. Mrs Z fell

pregnant unexpectedly and subsequently gave birth to a healthy child. It is common

cause that Mr and Mrs Z will be able to proof negligence on the part of Dr X.

Mr and Mrs Z will be able to successfully institute the following claims separately,

or in the alternative:

1. Delictual claim for patrimonial loss and non-patrimonial loss.

2. Delictual claim for patrimonial loss and non-patrimonial loss, and contractual

claim for patrimonial loss.

3. Contractual claim for patrimonial loss and non-patrimonial loss.

4. Delictual claim for patrimonial loss and contractual claim for non-patrimonial

loss.

Delictual claim for non-patrimonial loss and contractual claim for patrimonial loss and

non-patrimonial loss.

QUESTION 4

Breach of promise to marry someone

1. is no longer recognised as a cause of action in South African law.

2. causing prospective losses does not form a contractual cause of action

according to the decision in Cloete v Maritz 2013 5 SA 448 (WCC).

3. is not a form of breach of contract according to the decision in Van Jaarsveld

v Bridges 2010 4 SA 558 (SCA).

4. 2 + 3.

5. All three above.

QUESTION 5

In the case of breach of contract by the supplier of a lay-by agreement, the

Consumer Protection Act 68 of 2008 provides …

1. for double the amount the consumer has paid as compensation if the supplier

cannot supply the goods.

2. for compensation to be paid to the consumer irrespective of the cause of the

inability to supply the goods by the supplier.

3. for a penalty to be paid as regulated by the Conventional Penalties Act 15 of

1962 when the supplier cannot supply the goods paid for by the consumer.

4. 1 + 2.

5. None of the above