LPL4802
EXAM PACK
,LAW OF DAMAGES - LPL4802
May/June 2026
EXAM ANSWERS
QUESTION 1
The examination requires each statement to be identified as TRUE or FALSE, together
with a brief justification. Pasted text
Question 1.1
FALSE.
The primary purpose of damages in South African law is generally compensatory,
rather than punitive. Damages are intended, as far as money can do so, to place the
plaintiff in the position in which he or she would have been had the legally relevant harm
not occurred.
Question 1.2
FALSE.
Not every form of harm automatically constitutes legally recognised damage. The loss
must fall within a recognised category of damage and must satisfy the applicable legal
requirements for recovery.
Question 1.3
TRUE.
Patrimonial loss concerns a person's financial position and includes both damnum
emergens, being actual loss or diminution of assets, and lucrum cessans, being loss
of income or profit that the person would otherwise have obtained.
,Question 1.4
FALSE.
Factual causation generally asks whether the defendant's conduct was a factual cause
of the plaintiff's loss, commonly assessed by the conditio sine qua non, or "but-for",
test. Considerations of fairness, reasonableness and public policy are primarily
associated with the determination of legal causation.
Question 1.5
TRUE.
Legal causation limits liability by determining whether the loss is sufficiently closely
connected to the wrongful conduct. Loss that is too remote from the defendant's
conduct will generally not be recoverable.
Question 1.6
FALSE.
Future loss can be claimed where it can be established that the plaintiff is likely to suffer
a financial loss in the future. Examples include future medical expenses and future loss
of earning capacity.
The Supreme Court of Appeal has recognised prospective patrimonial losses, including
future medical expenses and future loss of earnings, as recoverable forms of damage.
SAFLII
Question 1.7
FALSE.
Non-patrimonial damages, such as compensation for pain and suffering and loss of
amenities of life, cannot normally be calculated through an exact mathematical formula.
, The court exercises a judicial discretion and considers the circumstances of the
particular plaintiff and comparable awards.
Question 1.8
FALSE.
The once-and-for-all rule generally requires a plaintiff to institute one action for all
damage arising from the same cause of action that is known or reasonably foreseeable
at the time of litigation. It therefore does not provide a general right to institute multiple
separate claims for different losses arising from the same incident.
Question 1.9
TRUE.
A plaintiff has a duty to take reasonable steps to mitigate his or her loss. If the plaintiff
unreasonably fails to reduce avoidable loss, the recoverable damages may be reduced
accordingly.
Question 1.10
FALSE.
Contributory negligence does not automatically destroy the entire claim. Under the
Apportionment of Damages Act 34 of 1956, the court may reduce the damages to an
amount it considers just and equitable in the circumstances.
QUESTION 2
The facts state that Mr Mokoena sustained fractures to his left arm and leg and
fractured ribs, was hospitalised for three weeks, lost his seasonal employment and
requires physiotherapy and occupational therapy. Pasted text
Question 2.1
EXAM PACK
,LAW OF DAMAGES - LPL4802
May/June 2026
EXAM ANSWERS
QUESTION 1
The examination requires each statement to be identified as TRUE or FALSE, together
with a brief justification. Pasted text
Question 1.1
FALSE.
The primary purpose of damages in South African law is generally compensatory,
rather than punitive. Damages are intended, as far as money can do so, to place the
plaintiff in the position in which he or she would have been had the legally relevant harm
not occurred.
Question 1.2
FALSE.
Not every form of harm automatically constitutes legally recognised damage. The loss
must fall within a recognised category of damage and must satisfy the applicable legal
requirements for recovery.
Question 1.3
TRUE.
Patrimonial loss concerns a person's financial position and includes both damnum
emergens, being actual loss or diminution of assets, and lucrum cessans, being loss
of income or profit that the person would otherwise have obtained.
,Question 1.4
FALSE.
Factual causation generally asks whether the defendant's conduct was a factual cause
of the plaintiff's loss, commonly assessed by the conditio sine qua non, or "but-for",
test. Considerations of fairness, reasonableness and public policy are primarily
associated with the determination of legal causation.
Question 1.5
TRUE.
Legal causation limits liability by determining whether the loss is sufficiently closely
connected to the wrongful conduct. Loss that is too remote from the defendant's
conduct will generally not be recoverable.
Question 1.6
FALSE.
Future loss can be claimed where it can be established that the plaintiff is likely to suffer
a financial loss in the future. Examples include future medical expenses and future loss
of earning capacity.
The Supreme Court of Appeal has recognised prospective patrimonial losses, including
future medical expenses and future loss of earnings, as recoverable forms of damage.
SAFLII
Question 1.7
FALSE.
Non-patrimonial damages, such as compensation for pain and suffering and loss of
amenities of life, cannot normally be calculated through an exact mathematical formula.
, The court exercises a judicial discretion and considers the circumstances of the
particular plaintiff and comparable awards.
Question 1.8
FALSE.
The once-and-for-all rule generally requires a plaintiff to institute one action for all
damage arising from the same cause of action that is known or reasonably foreseeable
at the time of litigation. It therefore does not provide a general right to institute multiple
separate claims for different losses arising from the same incident.
Question 1.9
TRUE.
A plaintiff has a duty to take reasonable steps to mitigate his or her loss. If the plaintiff
unreasonably fails to reduce avoidable loss, the recoverable damages may be reduced
accordingly.
Question 1.10
FALSE.
Contributory negligence does not automatically destroy the entire claim. Under the
Apportionment of Damages Act 34 of 1956, the court may reduce the damages to an
amount it considers just and equitable in the circumstances.
QUESTION 2
The facts state that Mr Mokoena sustained fractures to his left arm and leg and
fractured ribs, was hospitalised for three weeks, lost his seasonal employment and
requires physiotherapy and occupational therapy. Pasted text
Question 2.1
