LPL4802
May June Portfolio 2026
Unique number:
Due Date: 28 May 2026
QUESTION 1
1.1
FALSE. Damages in South African law are primarily compensatory, aiming to restore the
plaintiff to the position they would have been in had the wrongful act not occurred, rather
than to punish the defendant.1
1.2
FALSE. Only harm that the law recognises as legally compensable qualifies as damage;
mere personal disappointment or speculative harm does not automatically constitute
recoverable damage.1
1.3
TRUE. Patrimonial loss includes both actual loss (damnum emergens), the direct reduction
in value of assets, and loss of profit (lucrum cessans), the gain the plaintiff would have
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1
FALSE. Damages in South African law are primarily compensatory, aiming to restore
the plaintiff to the position they would have been in had the wrongful act not
occurred, rather than to punish the defendant.1
1.2
FALSE. Only harm that the law recognises as legally compensable qualifies as
damage; mere personal disappointment or speculative harm does not automatically
constitute recoverable damage.2
1.3
TRUE. Patrimonial loss includes both actual loss (damnum emergens), the direct
reduction in value of assets, and loss of profit (lucrum cessans), the gain the plaintiff
would have received if the wrongful act had not occurred.3
1.4
FALSE. Factual causation is determined by establishing a direct link between the
defendant’s conduct and the plaintiff’s loss, typically using the “but for” test, rather
than by considerations of fairness or policy.4
1.5
TRUE. Legal causation limits liability by excluding losses that are too remote or
unforeseeable, ensuring that the defendant is only liable for consequences closely
connected to their wrongful act.5
1
JM Potgieter, L Steynberg and TB Floyd, Visser & Potgieter Law of Damages 3rd ed (2012) Juta 8–9.
2
Ibid 22–23
3
Ibid 34.
4
Ibid 49.
May June Portfolio 2026
Unique number:
Due Date: 28 May 2026
QUESTION 1
1.1
FALSE. Damages in South African law are primarily compensatory, aiming to restore the
plaintiff to the position they would have been in had the wrongful act not occurred, rather
than to punish the defendant.1
1.2
FALSE. Only harm that the law recognises as legally compensable qualifies as damage;
mere personal disappointment or speculative harm does not automatically constitute
recoverable damage.1
1.3
TRUE. Patrimonial loss includes both actual loss (damnum emergens), the direct reduction
in value of assets, and loss of profit (lucrum cessans), the gain the plaintiff would have
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
QUESTION 1
1.1
FALSE. Damages in South African law are primarily compensatory, aiming to restore
the plaintiff to the position they would have been in had the wrongful act not
occurred, rather than to punish the defendant.1
1.2
FALSE. Only harm that the law recognises as legally compensable qualifies as
damage; mere personal disappointment or speculative harm does not automatically
constitute recoverable damage.2
1.3
TRUE. Patrimonial loss includes both actual loss (damnum emergens), the direct
reduction in value of assets, and loss of profit (lucrum cessans), the gain the plaintiff
would have received if the wrongful act had not occurred.3
1.4
FALSE. Factual causation is determined by establishing a direct link between the
defendant’s conduct and the plaintiff’s loss, typically using the “but for” test, rather
than by considerations of fairness or policy.4
1.5
TRUE. Legal causation limits liability by excluding losses that are too remote or
unforeseeable, ensuring that the defendant is only liable for consequences closely
connected to their wrongful act.5
1
JM Potgieter, L Steynberg and TB Floyd, Visser & Potgieter Law of Damages 3rd ed (2012) Juta 8–9.
2
Ibid 22–23
3
Ibid 34.
4
Ibid 49.
