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LPL4802 May June Portfolio
(COMPLETE ANSWERS)
Semester 1 2026 - DUE 28
May 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LPL4802 May June Portfolio (COMPLETE
ANSWERS) Semester 1 2026 - DUE 28 May
2026
LPL4802 May June Portfolio (COMPLETE ANSWERS) Semester 1 2026 - DUE
28 May 2026; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us
Damages in South African law are primarily aimed at punishing the
defendant for wrongful conduct. Question 1.2 All harm suffered by a plaintiff
automatically qualifies as legally recognised damage. Question 1.3
Patrimonial loss includes both actual loss (damnum emergens) and loss of
profit (lucrum cessans). Question 1.4 Factual causation is determined by
applying considerations of fairness and public policy. Question 1.5 Legal
causation serves to limit liability by excluding losses that are too remote.
Question 1.6 Future loss cannot be claimed because it has not yet occurred
at the time of trial. Question 1.7 Non-patrimonial damages are calculated
using precise mathematical formulas. CONFIDENTIAL LPL4802 May/June 2026
Page 5 of 9 Question 1.8 The once-and-for-all rule allows a plaintiff to bring
multiple claims for different types of loss arising from the same incident.
Question 1.9 A plaintiff who fails to take reasonable steps to limit their loss
may have their damages reduced. Question 1.10 Where the plaintiff is partly
responsible for their own damage, the claim is completely excluded. Identify
all the claims that Mr Mokoena may institute against the Road Accident Fund
(RAF). For each claim: Identify the claim, categorise the claim under the
correct heading, then indicate whether they are general or special damages
and finally give the amounts that he may claim. Provide all calculations
where possible On the day the matter was heard, the court found that Mr
Mokoena was 50% negligent as he was standing, singing and dancing, while
travelling on the back of an open bakkie. How would this affect the amount
that he wants to claim from the Road Accident Fund? Provide authority for
your answer. (3) 2.3 Will Mr Mokoena be successful with a claim for loss of
future income or earning capacity? Motivate your answer. Explain fully the
legal remedies available to Ms Khumalo. In your answer, indicate how her
damages, if any, will be calculated. (6) 3.2 Using the same facts as in
Question 3.1 above, assume instead that BuildRight Contractors completed
the patio structure within the agreed time. However, shortly after
completion, Ms Khumalo discovered that the workmanship was defective.
The structure was unstable, and the finishing was substandard, requiring
remedial work. Ms Khumalo subsequently contracted Precision Fixers (Pty)
Ltd to repair the defects and complete the finishing work at a cost of R45
, 000. Explain how damages would be determined in these circumstances.
Critically discuss Siphesihle’s prospects of success should she institute a
claim for damages against John. In your answer, you must: consider whether
she has suffered patrimonial loss; identify the appropriate form of action to
be instituted; explain the nature and purpose of such an action; determine
the damages recoverable and how it should be calculated; and refer to at
least one relevant decided case, explaining the principle established by the
court. [ 5.1 Using the facts above, draft the relevant portions of the
Particulars of Claim that Ms Nkosi would institute in the High Court against
the City of Johannesburg Metropolitan Municipality. Your answer must briefly
set out the basis of the Defendant’s liability; identify and describe the heads
of damages claimed (general and special damages); and be presented in
proper pleading format, with numbered paragraphs and subparagraphs
where appropriate.
Based on the sources reviewed:
1.1: False – The primary purpose of damages in South African law is to
compensate the plaintiff for harm suffered, not to punish the defendant. The
Appellate Division has consistently held that "a damages award therefore
does not serve to punish for the act of defamation; it principally aims to
serve as compensation for damage caused by the defamation" and that "the
primary objective is to compensate the person who has suffered harm".
1.2: False – Not all harm automatically qualifies as legally recognised
damage. South African law requires that for Aquilian liability, the harm must
be patrimonial (monetary loss). For non-patrimonial harm (pain and
suffering, injury to personality), specific elements must be proven.
1.3: True – Patrimonial loss indeed includes both damnum emergens (actual
loss) and lucrum cessans (loss of profit).
1.4: False – Factual causation is determined by the conditio sine qua
non ("but-for") test, not by considerations of fairness and public policy. Policy
considerations come into play only when determining legal causation.
1.5: True – Legal causation serves to limit liability by excluding losses that
are too remote.
1.6: False – Future loss can be claimed, and must be claimed, together with
all other damages arising from a single cause of action under the "once-and-
for-all" rule. The plaintiff must claim all damages – past and future – in one
action.
1.7: False – Non-patrimonial damages are not calculated using precise
mathematical formulas; there is no fixed formula for calculating general
damages in South Africa.
1.8: False – The "once-and-for-all" rule requires a plaintiff to bring all claims
arising from the same cause of action in one action; multiple claims for
different types of loss from the same incident are generally not permitted.
The rule applies to all damages based on a single cause of action.
LPL4802 May June Portfolio
(COMPLETE ANSWERS)
Semester 1 2026 - DUE 28
May 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LPL4802 May June Portfolio (COMPLETE
ANSWERS) Semester 1 2026 - DUE 28 May
2026
LPL4802 May June Portfolio (COMPLETE ANSWERS) Semester 1 2026 - DUE
28 May 2026; 100% TRUSTED Complete, trusted solutions and explanations.
Ensure your success with us
Damages in South African law are primarily aimed at punishing the
defendant for wrongful conduct. Question 1.2 All harm suffered by a plaintiff
automatically qualifies as legally recognised damage. Question 1.3
Patrimonial loss includes both actual loss (damnum emergens) and loss of
profit (lucrum cessans). Question 1.4 Factual causation is determined by
applying considerations of fairness and public policy. Question 1.5 Legal
causation serves to limit liability by excluding losses that are too remote.
Question 1.6 Future loss cannot be claimed because it has not yet occurred
at the time of trial. Question 1.7 Non-patrimonial damages are calculated
using precise mathematical formulas. CONFIDENTIAL LPL4802 May/June 2026
Page 5 of 9 Question 1.8 The once-and-for-all rule allows a plaintiff to bring
multiple claims for different types of loss arising from the same incident.
Question 1.9 A plaintiff who fails to take reasonable steps to limit their loss
may have their damages reduced. Question 1.10 Where the plaintiff is partly
responsible for their own damage, the claim is completely excluded. Identify
all the claims that Mr Mokoena may institute against the Road Accident Fund
(RAF). For each claim: Identify the claim, categorise the claim under the
correct heading, then indicate whether they are general or special damages
and finally give the amounts that he may claim. Provide all calculations
where possible On the day the matter was heard, the court found that Mr
Mokoena was 50% negligent as he was standing, singing and dancing, while
travelling on the back of an open bakkie. How would this affect the amount
that he wants to claim from the Road Accident Fund? Provide authority for
your answer. (3) 2.3 Will Mr Mokoena be successful with a claim for loss of
future income or earning capacity? Motivate your answer. Explain fully the
legal remedies available to Ms Khumalo. In your answer, indicate how her
damages, if any, will be calculated. (6) 3.2 Using the same facts as in
Question 3.1 above, assume instead that BuildRight Contractors completed
the patio structure within the agreed time. However, shortly after
completion, Ms Khumalo discovered that the workmanship was defective.
The structure was unstable, and the finishing was substandard, requiring
remedial work. Ms Khumalo subsequently contracted Precision Fixers (Pty)
Ltd to repair the defects and complete the finishing work at a cost of R45
, 000. Explain how damages would be determined in these circumstances.
Critically discuss Siphesihle’s prospects of success should she institute a
claim for damages against John. In your answer, you must: consider whether
she has suffered patrimonial loss; identify the appropriate form of action to
be instituted; explain the nature and purpose of such an action; determine
the damages recoverable and how it should be calculated; and refer to at
least one relevant decided case, explaining the principle established by the
court. [ 5.1 Using the facts above, draft the relevant portions of the
Particulars of Claim that Ms Nkosi would institute in the High Court against
the City of Johannesburg Metropolitan Municipality. Your answer must briefly
set out the basis of the Defendant’s liability; identify and describe the heads
of damages claimed (general and special damages); and be presented in
proper pleading format, with numbered paragraphs and subparagraphs
where appropriate.
Based on the sources reviewed:
1.1: False – The primary purpose of damages in South African law is to
compensate the plaintiff for harm suffered, not to punish the defendant. The
Appellate Division has consistently held that "a damages award therefore
does not serve to punish for the act of defamation; it principally aims to
serve as compensation for damage caused by the defamation" and that "the
primary objective is to compensate the person who has suffered harm".
1.2: False – Not all harm automatically qualifies as legally recognised
damage. South African law requires that for Aquilian liability, the harm must
be patrimonial (monetary loss). For non-patrimonial harm (pain and
suffering, injury to personality), specific elements must be proven.
1.3: True – Patrimonial loss indeed includes both damnum emergens (actual
loss) and lucrum cessans (loss of profit).
1.4: False – Factual causation is determined by the conditio sine qua
non ("but-for") test, not by considerations of fairness and public policy. Policy
considerations come into play only when determining legal causation.
1.5: True – Legal causation serves to limit liability by excluding losses that
are too remote.
1.6: False – Future loss can be claimed, and must be claimed, together with
all other damages arising from a single cause of action under the "once-and-
for-all" rule. The plaintiff must claim all damages – past and future – in one
action.
1.7: False – Non-patrimonial damages are not calculated using precise
mathematical formulas; there is no fixed formula for calculating general
damages in South Africa.
1.8: False – The "once-and-for-all" rule requires a plaintiff to bring all claims
arising from the same cause of action in one action; multiple claims for
different types of loss from the same incident are generally not permitted.
The rule applies to all damages based on a single cause of action.
