Exam (elaborations)
Law of Damages Notes Exam
- Course
- LPL4802 - Law Of Damages
- Institution
- University Of South Africa (Unisa)
Summary of law of Damages
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Law of Damages NotesLesson 1
Definition of the Law of damages:
• The law of damages is that part of the law which indicates
• how the existence and extent of damage as well as
• the proper amount of damages or satisfaction are to be determined
• in the case of delict, breach of contract and other legal principles
• providing for the payment of damages.
Nature and scope of the law of damages
The law of damages delineates the content of an obligation to pay damages
and or satisfaction.
The object and system of the Law of Damages
Object: The object of the law of damages should rather be seen as the provision of
just, logical and practical rules and principles for solving problems regarding the
determination of damage, damages and satisfaction.
System:
1. The general principles regarding damage and compensation
2. The measure or quantum of damages for breach of contract
3. The quantum of damages and satisfaction in certain cases of delictual liability
4. Certain procedural and other general matters.
,What will give rise to a claim for damages?
Provides for
damages on
account for
The actio legis aquiliae unlawful and
culpable causing of
any patrimonial
loss
Satisfaction may
be recovered for
Delictual remedies unlawful and
Actio inuriarum
intentional
personality
infringement
Damages for non
patrimonial loss on
Action for pain account of the unlawful
and suffering and culpable
infringement of the
physical-mental integrity
Damages for
patrimonial and
nonpatrimonial
The actio de pauperie
loss caused by
animals are
recoverable
Compensation for
patrimonial loss
Liability without may be recovered
fault and liability where an animal
based on risk Actio de pastu: has caused
damage through
eating and
damaging plants
A duty to pay damages
or satisfaction is placed
Vicarious liability on the defendant
because of a delict of
another
, Legislation
Breach of contract
The conclusion of a contract
and the subsequent realization
Contract and realization of of risk are a source for the
risk (insurance contract) claim of damages where an
insurer has given a contractual
undertaking to indemnify the
insured in terms of a policy if
the realization of risk causes
damage
Claims based on a right
of recourse or
adjustment
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