LPL 4802 - LAW OF DAMAGES - 2021 - ASSIGNMENT 4 WITH REFERENCES - BOTH SEMESTERS -100% PASS/ LPL 4802 - LAW OF DAMAGES - 2021 - ASSIGNMENT 4 WITH REFERENCES - BOTH SEMESTERS -100% PASS/ LPL 4802 - LAW OF DAMAGES - 2021 - ASSIGNMENT 4 WITH REFERENCES - BOTH SEMESTERS -100% PASS
Please stick to the due date on this question paper. Late submissions will be
rejected by the system. Lecturers will NOT accept emailed answers .
Select the most suitable option on each question from those listed as 1 -5 and answer
the questions on an online electronic mark -reading sheet available on myUnisa
assignment platform.
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
QUESTION 6
The Consumer Protection Act 68 of 2008 provides the following in cases of
overselling or over-booking which resulted in failure to supply goods or services to
the consumer by the supplier:
1. The supplier must refund the consumer any cost directly incidental to the
supplier’s breach, irrespective whether the breach was due to the supplier’s
fault or not.
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