LPL4802 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 23 -30 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)

LPL4802 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 23 -30 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) QUESTION 1 (ESSAY) NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS AND DAMAGES FOR PATRIMONIAL LOSS (4 pages, including rubric) 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. 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] 3 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. 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) 4 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) TOTAL MARKS FOR THIS QUESTION: [25] 5 QUESTION 3: NATURE, CAUSING AND FORMS OF PATRIMONIAL LOSS (2 Pages) 3.1 Provide the legal terminology (single words or phrases) of the following concepts in the law of damages. a) A reduction in the utility of a patrimonial interest in satisfying the legally recognised needs of the person entitled to such interest. b) Positive and negative elements that constitute an individual’s estate. c) Different kinds of real rights, immaterial property rights, personal rights, and personality rights. d) Loss in value of any legally recognised expectation of patrimonial benefit. e) All damages suffered up to the date of trial of the action. f) Impairment of the object of a real right. (12) 3.2 List the four general requirements that must be satisfied for an expectation to be recognised as an individual’s estate or patrimony. (8) 3.3 Indicate briefly, when (the date) the evaluation of damage to an individual’s patrimony must be made. Refer to relevant authority in your answer. (5) TOTAL MARKS FOR THIS QUESTION: [25] 6 QUESTION 4: DRAFTING: COMPENSATION OF INJURIES AND DESEASES ACT 130 OF 1993 AND RELATED DOCUMENTATION (4 pages) You represent Ms Lerato Lethabo, a 33-year-old lady, in a claim for loss of support against Malcom Mutual Insurance (MMI) before the Gauteng South Division High Court. Your client lived with her boyfriend, Mr Tebogo Moloi in Alexandre, North of Johannesburg for over 10 years until his demise on 15 November 2020. Mr Tebogo was working as a crane driver for QQ Steel holdings at the time of his death. MMI has accepted liability for his death but denied Ms Lerato the claim for loss of support. MMI argues that your client was never married to the deceased; as a result, she does not qualify to receive the widow’s compensation in the form of loss of support. MMI has opted to pay the widow’s compensation, calculated in terms of Mr Tebogo’s salary as at the time of his death, a total of R 3 500 000 as a once off lump sum. 4.1 Draft a founding affidavit, where your client states that she was in fact Mr Moloi’s life partner and dependant at the time of his death. In it, provide a clear and concise description of her monthly needs, as well as proof of the subsistence of the permanent life partnership. (15) 4.2 In an answering affidavit, MMI suggests that there must be supporting affidavits from family and community to attest to the existence of your client’s permanent life partnership with the deceased. Draft a supporting affidavit from either a family or a community member in support of the existence of such a union between your client and the deceased. NB. Please draft a single affidavit. (10) TOTAL MARKS FOR THIS QUESTION: [25] TOTAL MARKS FOR THE PAPER: [100]