Exam (elaborations)
LPL4802 EXAM PACK 2022
- Institution
- University Of South Africa (Unisa)
- Book
- Law of Damages
Latest exam pack questions and answers, perfect for exam preparation
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
LPL4802EXAM PACK
+27 81 278 3372
, DEPARTMENT OF PRIVATE LAW
LAW OF DAMAGES
MODULE CODE: LPL4802 SEMESTER: 1_2022
TAKE-HOME EXAMINATION UNIQUE NO: N/A
DUE DATE: 27 JUNE 2022 TOTAL MARKS: 100
THIS TAKE-HOME EXAM MAY BE COMPLETED IN ENGLISH ONLY
Examiners
First: Mr M Khumalo, Mr M Netshitungulu
Second: Prof M Mokotong
External: Prof CA Maimela
Important instructions for the Take-Home Examination, please read carefully:
1. Copying and pasting or regurgitation from various electronic or other
sources amounts to plagiarism and will not be accepted. You run the risk
of obtaining 0% if your work is not your own and if you plagiarise or
engage in any form of dishonest conduct. Furthermore, you may be
subjected to a disciplinary hearing where further action will be taken
against you.
2. Do not contact the lecturers to ask for clarification on any of the exam
questions. It is unethical for the lecturers to discuss the exam questions
with the candidates. Treat this take-home exam as you would any normal
venue-based exam. That being said, if you discuss the take-home exam
paper with fellow students or anyone else, it is regarded as dishonest
conduct and you may be subjected to a disciplinary hearing where further
action will be taken against you.
3. An Academic Declaration wherein you state that the answers submitted
constitute your own work, must be included in your final submitted
document otherwise it will not be marked and you will obtain 0%. Please
take the time to ensure that your answers include this declaration. The
lecturers will not accept separate declarations via e-mail, by post or hand
delivered, because you forgot to submit it with your exam.
Page 1 of 6
, 4. It is your responsibility to ensure that you submit the correct version of
your exam with the Academic Declaration. Please take the time to ensure
that you submit the correct document in the correct format with the
Academic Declaration. Under no circumstances whatsoever are lecturers
allowed to accept any exam papers via e-mail or replace lost or incorrect
documents for you. Please heed this warning.
5. Divide the allocated time accordingly across the entire exam.
6. Read all the prescribed material beforehand in order to supply your own
understanding of the legal principles.
7. Please submit the take-home exam on the mymodules platform before
midnight on 27 June 2022. Under no circumstances will the lecturers
accept any late submitted exams or exams via e-mail/post. There is no
Aegrotat exam for this online module because you are given ample time,
one full week to write this exam. Thus, the time given by far exceeds the
actual time required to complete this exam. It is up to you to manage your
time and ensure that you submit your exam on or before the due date. If
for any reason, you cannot submit the exam you must re-register for the
following semester.
8. This take-home exam consists of 4 questions. Use the mark allocation on
each question as a guide for the length of your answers. Answers that are
unreasonably too long will not be marked. Please heed this warning.
9. In your answers, wherever possible, please refer to relevant authority,
which includes statutes, case law, articles and so on.
Format requirements:
Your take-home exam must be typed, in Arial 12 font.
All paragraphs should be in 1.5 spacing with 12 pt. space after each paragraph.
The margins should be 2.5 left, right, top and bottom.
A bibliography is not compulsory, but you may still use footnotes in certain
questions.
Page 2 of 6
, QUESTION 1: QUANTUM OF DAMAGES FOR PATRIMONIAL LOSS CAUSED BY
CERTAIN FOMS OF DELICT
(a) Study Trotman v Edwick 1951 (1) SA 443 (A) and Glaston House (Pty) Ltd v
Inag (Pty) Ltd 1977 (2) SA 846 and write down the differences between the
object of contractual damages and the object of delictual damages. (10)
(b) Study section 24(3) of the Copyright Act 98 of 1978. In your view, does this
provision seek to introduce punitive damages in the South African common law
of damages? Discuss your views with reference to authority. (10)
(20 MARKS)
Length: 2 typed pages
QUESTION 2: QUANTUM OF DAMAGES IN SPECIFIC CASES OF BREACH OF
CONTRACT
(a) What must the plaintiff prove, in general, in order to rely on a contractual claim
for damages? (5)
(b) Read the set of facts below and answer the questions that follow.
Sam buys a five-piece Rochester bedroom suite from Africacity Furniture Store
for the price of R 20 000. The store undertakes to deliver the furniture at Sam’s
home in Inanda, Durban within 48 hours of the purchase. Seven days pass
without any word from the store. When Sam calls the store to find out why the
furniture had not been delivered, the manager at the store apologises and
assures Sam that delivery would take place within 24 hours after the phone call.
The furniture eventually arrives at Sam’s house, but instead of receiving the
five-piece bedroom suite he ordered, a three-piece Buywell bedroom suite
valued at R 7 500 is delivered with a note that the Rochester bedroom suites
were no longer in stock. Sam refuses to accept delivery of the Buywell suite
and subsequently purchases a five-piece Belmont bedroom suite from Brands
International Store at R 25 000. The store is a few blocks away from Africacity
Furniture Store.
Page 3 of 6
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller VarsityC. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
68175 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 15 years now