LPL4802 PORTFOLIO SEMESTER 2 FOR 2022-LAW OF
DAMAGES. 90% AND ABOVE. DISTINCTION GUARANTEED.
QUALITY WORK WITH FOOTNOTES AND BIBLIOGRAPHY.
WRITTEN BY PROFFESIONAL TUTOR.
QUESTION 1: ESSAY
PATRIMONAL DAMAGES FOR LOSS
Read both Ameropa Commodities (Pty) Limited v Benchimol NO 2020 JDR 1223
(KZD) and Fenhalls v Ebrahim and Others 1956 (4) SA 723 (D) cases and answer
the question below:
Discuss the nature and application (requirements) of the actio pauliana as a
remedy for neutralising the damage, the creditors may suffer due to the debtor’s
alienation made in fraudem creditorum. Refer to authority in your discussion (25)
Under the common law, the actio pauliana applies to dishonest dispositions by an
insolvent in which there was a transfer wherein the insolvent's assets were diminished
with the intention to defraud creditors and provide an unfair advantage to one creditor
over others. This remedy applies to any transaction aimed at defrauding creditors, in the
sense that its application results in the setting aside any such transaction.
The remedy is available if the transaction actually defrauds the creditors in that the
assets of the person alienating the property are diminished by such alienation. The
action can be instituted before or after the sequestration of the debtor.
The following must be proved :
a. the alienation must have diminished the debtor's assets
b. the recipient must not have received his own property or something owing to him;
DAMAGES. 90% AND ABOVE. DISTINCTION GUARANTEED.
QUALITY WORK WITH FOOTNOTES AND BIBLIOGRAPHY.
WRITTEN BY PROFFESIONAL TUTOR.
QUESTION 1: ESSAY
PATRIMONAL DAMAGES FOR LOSS
Read both Ameropa Commodities (Pty) Limited v Benchimol NO 2020 JDR 1223
(KZD) and Fenhalls v Ebrahim and Others 1956 (4) SA 723 (D) cases and answer
the question below:
Discuss the nature and application (requirements) of the actio pauliana as a
remedy for neutralising the damage, the creditors may suffer due to the debtor’s
alienation made in fraudem creditorum. Refer to authority in your discussion (25)
Under the common law, the actio pauliana applies to dishonest dispositions by an
insolvent in which there was a transfer wherein the insolvent's assets were diminished
with the intention to defraud creditors and provide an unfair advantage to one creditor
over others. This remedy applies to any transaction aimed at defrauding creditors, in the
sense that its application results in the setting aside any such transaction.
The remedy is available if the transaction actually defrauds the creditors in that the
assets of the person alienating the property are diminished by such alienation. The
action can be instituted before or after the sequestration of the debtor.
The following must be proved :
a. the alienation must have diminished the debtor's assets
b. the recipient must not have received his own property or something owing to him;
