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LPL4802
LAW OF DAMAGES
ASSIGNMENT 1 ESSAY
MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 532535
DUE DATE: - 28 MARCH 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
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.
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, 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.
The statement in the case of Transnet Ltd v Sechaba Photoscan (Pty) Ltd (2005) (1) SA
299 SCA 1, asserting that damages in delict (and contract) are assessed according to the
comparative method, reflects a fundamental principle in South African law of damages
jurisprudence. 2
This essay will delve into the validity and relevance of this statement, specifically
considering the comparative method, the sum formula approach, and the concrete
concept of damage. 3
ESSAY CONTINUES…...
1
Transnet Ltd v Sechaba Photoscan (Pty) Ltd (2005) (1) SA 299 SCA.
2
Transnet Ltd v Sechaba Photoscan (Pty) Ltd (2005) (1) SA 299 SCA.
3
Potgieter JM, Steynberg L & Floyd TB Visser & Potgieter Law of Damages 3rd ed. (2012) Juta: Cape Town.
