Exam (elaborations)
Law of Damages LPL4804 Ass 01 Semester 2 2022.pd
- Course
- LPL4804 - Conveyancing
- Institution
- University Of South Africa
Law of Damages LPL4804 Ass 01 Semester 2 questions AND answers 100% trusted
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LPL4802ASSIGNMENT
01
2022
, Student nr:
Assignment nr: 01
Semester: 02/ 2022
Study Unit: LPL4802
Question: 1a)
The distinguishable difference between pain and suffering from the actio legis Aquiliae
and the actio Iniuriarum from their origins is that the actio legis Aquiliae and the actio
Iniuriarum can be traced back as far as Roman Law.1 The action for pain and suffering
developed from Roman-Dutch law and was further developed under English law and is
further known as a distinct delictual action under the South African Law.2
For damages caused to corporeal things the actio legis Aquiliae could be implemented
under Roman Law. This was mostly concerned with an owner of a thing who has
sustained injuries for example burning or destroying the owner’s thing.3 But this action
was also extended to holders of a real right,4 and someone who suffered any bodily
injuries.5 Actio legis Aquiliae was further stretched to be used for any form of
patrimonial damages under Roman-Dutch law including any sort of in jury to
personality.6 In South Africa law today, actio legis Aquiliae can be use for cause of
action in all cases of patrimonial damages suffered, which includes financial losses.7
For any claim against injury to personality under Roman Law the actio Iniuriarium
could be used. This action open a wide range to deal with non-physical aspects such
as feelings, chastity, privacy and one’s good name. Dignity was another concept of
actio Iniuriarium which was an extended scope that provided acknowledgement for
other types of injuries to personality.8 Under Roman-Dutch law & the current South
African law the actio Iniuriarium did not have significant developments, however
freedom (Libertas) was a new personality interest which sought protection and
developed under the Roman-Dutch Law.9
The action for pain and suffering could not be applied under Roman Law for a person
who suffered negligent bodily injuries, as it was not available.10 Under Roman-Dutch
1 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
2 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
3 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 8
4 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 8
5 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 9
6 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 9
7 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 9
8 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 12
9 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 14
10 Neethling and Potgieter Neethling-Potgieter-Visser Law of Delict 16.
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