lOMoAR cPSD| 48047628
, lOMoAR cPSD| 48047628
QUESTION 1 (ESSAY)
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES
FOR PATRIMONIAL LOSS (4 pages, including rubric)
PLEASE NOTE:
You must present your answer in the form of an essay. Its marking rubric is
attached with this examination paper.
Study the case Komape and others v Minister of Basic Education and Others 2020 (2)
SA 347 (SCA) a copy of it is attached here and answer the questions below.
N.B.: The question below must be answered in the form of an essay. At the end
of your essay, attach the rubric that was supplied to you along with your exam
answer script.
1.1 Discuss what the plaintiff needs to prove to be successful in a claim for shock
(psychiatric injury) as a head of damage for non-patrimonial loss. Refer to
relevant authority in your answer. (15)
1.2 Critically analyse the reasons (advanced by the court) why Constitutional damages,
claimed in addition to common law damages, must at present necessarily fail.
(10)
TOTAL MARKS FOR THIS QUESTION: [25]
QUESTION 2: QUANTUM OF DAMAGES IN SPECIFIC CASES OF BREACH OF
CONTRACT (2 pages)
Study the facts below and answer the questions that follow.
The plaintiff, Sam instituted an action against the defendant, Lynnette for the payment
of damages pursuant to a breach by her of a warranty contained in a written agreement
of sale. The plaintiff and defendant concluded the agreement of sale on 29 July 2021.
, lOMoAR cPSD| 48047628
In terms thereof, the defendant sold an immovable property described as Erf 813
Milpark Johannesburg, situated at 10 Vilakazi Street, Johannesburg to the plaintiff for
a purchase price of R4 250 000,00. The seller, Lynnette, had annexed an addendum
to the contract, that read, “[t]he seller warrants that all alterations, additions and
improvements to the property have been approved by the Local Authority and that all
plans which are required have been submitted to and approved by such Local
Authority.” Upon taking occupation of the property, Sam discovered that the fitted
kitchen and the guest suite in the ground floor space of the property, being an
alternation, addition, or improvement to the property, had not been approved by such
local authority. The plaintiff hired the services of property developer, Jim, who advised
him that to register the plans with the local authority would cost him R15 000, the
demolition of the kitchen and the guesthouse would cost him a combined sum of R50
000. Sam also institutes a claim of R250 000, being the diminution in value, of the said
property, after demolishing the illegal structure.
2.1 State three requirements that must be met before a party may institute a claim of
damages against another for a breach of contract. Provide an example of
each requirement from the facts above. (6)
2.2 To determine the correctness of the R250 000 as the value of the extended property,
Sam hires an estate agent and property valuator, Tebogo Kwena as an expert
witness. Tebogo relies on the market value of the additional guest suite to the
said property in support of the plaintiff’s claim. Discuss how Tebogo must use
the market value principle in determining the estimate contractual damages
Sam must be awarded for the diminution in value of the property.
(6)
2.3 Name any three other methods used to determine the value of a thing sold, that
the court may consider when determining Sam’s damages. (3)
2.4 In a contract of sale where the res vendita has material latent defects, the plaintiff
has a choice between suing on actio redhibitoria or actio quanti minoris.
Explain their application in the field of contractual damages. (10)
