Exam (elaborations)
LPL4802 Assignment 1 [Detailed Answers] Semester 1 - Due: 28 March 2024
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LPL4802 Assignment 1 [Detailed Answers] Semester 1 - Due: 28 March 2024
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LPL4802ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: 28 March 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than 28 March 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1:
1(a) In Transnet Ltd v Sechaba Photoscan (Pty) Ltd (2005) (1) SA 299 SCA, the Court expressed the view that:
“it is now beyond question that damages in delict (and contract) are assessed according to the comparative
method “ @ [15]
Write an essay where you discuss the validity and or relevance of this statement with regard to the assessment
of damage/s in the South African law of damages jurisprudence. In your discussion, consider the sum formula
approach and the concrete concept of damage. NB. Do not include positive and negative interesse in your
discussion.
***ESSAY***
TITLE: The Validity and Relevance of the Comparative Method in Assessing Damages in South African Law
INTRODUCTION:
In Transnet Ltd v Sechaba Photoscan (Pty) Ltd (2005) (1) SA 299 SCA, the South African Court stated
that damages in delict (and contract) are assessed according to the comparative method. This
statement signifies a significant aspect of South African law concerning the assessment of damages.
In this essay, we will delve into the validity and relevance of this statement within the context of
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