LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2026
(316703) - DUE 27 August 2026
1. What is the definition of "damages" in South African law?
A: Damages are the monetary equivalent awarded to a person to eliminate past and
future damage, serving as compensation for harm suffered .
2. What does the law of damages primarily deal with?
A: It deals with the content of obligations for the payment of damages (including
satisfaction) and indicates how the existence and extent of damage and the proper
amount of damages are determined .
3. What is the primary object of a damages award?
A: To compensate the plaintiff, not to punish the defendant. The aim is "restitutio in
integrum"—to place the plaintiff in the position they would have been in had the wrong
not occurred.
4. What is the difference between patrimonial and non-patrimonial loss?
A: Patrimonial loss diminishes a person's estate (e.g., medical expenses, loss of earnings)
and can be quantified in money. Non-patrimonial loss affects personality interests (e.g.,
pain and suffering) and has no direct monetary equivalent .
5. What is the "once and for all" rule?
A: A plaintiff must claim all damages (past, present, and future) arising from a single
cause of action in one legal proceeding. The claim cannot be split .
6. What is the "duty to mitigate"?
A: The plaintiff must take reasonable steps to minimize their loss. Failure to do so may
result in a reduction of the damages awarded .
7. What is meant by damnum emergens?
A: The actual loss or damage that has already been suffered, such as expenses already
incurred.
8. What is meant by lucrum cessans?
A: The loss of future profits or prospective damages that a plaintiff would have earned
but for the wrongdoing.
9. What is the "collateral source rule"?
A: Benefits received by a plaintiff from a third party (e.g., medical aid, insurance) are not
deducted from damages payable by the wrongdoer. The wrongdoer should not benefit
from the plaintiff's foresight .
10. What is the basis for the collateral source rule?
A: The principle res inter alios acta alteri nocere non debet ("a thing done between
others does not harm a third party"). The relationship between the plaintiff and a third
party is irrelevant to the defendant's liability.
11. What is "fault" in delict?
, A: Legal blameworthiness, which can take the form of intention (dolus) or negligence
(culpa).
12. What is "wrongfulness"?
A: A legally reprehensible act that infringes on a legally protected interest, determined
by the boni mores (legal convictions of the community) test.
13. What is restitutio in integrum?
A: The principle of restoring the plaintiff, as far as possible, to the position they were in
before the damage-causing event .
14. What is an actio legis Aquiliae?
A: A delictual action to claim damages for the wrongful and culpable causing of
patrimonial loss .
15. What is an actio iniuriarum?
A: An action for satisfaction (non-patrimonial damages) for a wrongful and intentional
infringement of a personality right (e.g., dignity, reputation) .
16. What is "satisfaction" in the context of damages?
A: A remedy awarded for non-patrimonial loss where there is no natural equivalent in
money and factual restitution is impossible; it serves to compensate for the injury to
personality .
17. How does the law view illegally earned income for damages claims?
A: Illegally earned income cannot be considered when calculating damages .
18. What are the two main forms of fault?
A: Intention (dolus) and negligence (culpa) .
19. What is "motive" and why is it distinct from "intention"?
A: Motive is the underlying reason for a person's conduct, while intention is the
direction of the will towards a consequence. A good motive does not negate intent .
20. Can juristic persons claim for defamation?
A: Yes. A juristic person has a right to protect its business reputation in the same way as
a natural person can, as recognized in Media24 Ltd and Others v SA Taxi Securitisation
(Pty) Ltd .
Section B: Non-Patrimonial Loss (Questions 21–40)
21. What is non-patrimonial loss?
A: Intangible loss that affects a person's psychological, emotional, or physical well-being
but does not have direct monetary value, such as pain and suffering or emotional
shock .
22. What does "pain and suffering" compensate for?
(316703) - DUE 27 August 2026
1. What is the definition of "damages" in South African law?
A: Damages are the monetary equivalent awarded to a person to eliminate past and
future damage, serving as compensation for harm suffered .
2. What does the law of damages primarily deal with?
A: It deals with the content of obligations for the payment of damages (including
satisfaction) and indicates how the existence and extent of damage and the proper
amount of damages are determined .
3. What is the primary object of a damages award?
A: To compensate the plaintiff, not to punish the defendant. The aim is "restitutio in
integrum"—to place the plaintiff in the position they would have been in had the wrong
not occurred.
4. What is the difference between patrimonial and non-patrimonial loss?
A: Patrimonial loss diminishes a person's estate (e.g., medical expenses, loss of earnings)
and can be quantified in money. Non-patrimonial loss affects personality interests (e.g.,
pain and suffering) and has no direct monetary equivalent .
5. What is the "once and for all" rule?
A: A plaintiff must claim all damages (past, present, and future) arising from a single
cause of action in one legal proceeding. The claim cannot be split .
6. What is the "duty to mitigate"?
A: The plaintiff must take reasonable steps to minimize their loss. Failure to do so may
result in a reduction of the damages awarded .
7. What is meant by damnum emergens?
A: The actual loss or damage that has already been suffered, such as expenses already
incurred.
8. What is meant by lucrum cessans?
A: The loss of future profits or prospective damages that a plaintiff would have earned
but for the wrongdoing.
9. What is the "collateral source rule"?
A: Benefits received by a plaintiff from a third party (e.g., medical aid, insurance) are not
deducted from damages payable by the wrongdoer. The wrongdoer should not benefit
from the plaintiff's foresight .
10. What is the basis for the collateral source rule?
A: The principle res inter alios acta alteri nocere non debet ("a thing done between
others does not harm a third party"). The relationship between the plaintiff and a third
party is irrelevant to the defendant's liability.
11. What is "fault" in delict?
, A: Legal blameworthiness, which can take the form of intention (dolus) or negligence
(culpa).
12. What is "wrongfulness"?
A: A legally reprehensible act that infringes on a legally protected interest, determined
by the boni mores (legal convictions of the community) test.
13. What is restitutio in integrum?
A: The principle of restoring the plaintiff, as far as possible, to the position they were in
before the damage-causing event .
14. What is an actio legis Aquiliae?
A: A delictual action to claim damages for the wrongful and culpable causing of
patrimonial loss .
15. What is an actio iniuriarum?
A: An action for satisfaction (non-patrimonial damages) for a wrongful and intentional
infringement of a personality right (e.g., dignity, reputation) .
16. What is "satisfaction" in the context of damages?
A: A remedy awarded for non-patrimonial loss where there is no natural equivalent in
money and factual restitution is impossible; it serves to compensate for the injury to
personality .
17. How does the law view illegally earned income for damages claims?
A: Illegally earned income cannot be considered when calculating damages .
18. What are the two main forms of fault?
A: Intention (dolus) and negligence (culpa) .
19. What is "motive" and why is it distinct from "intention"?
A: Motive is the underlying reason for a person's conduct, while intention is the
direction of the will towards a consequence. A good motive does not negate intent .
20. Can juristic persons claim for defamation?
A: Yes. A juristic person has a right to protect its business reputation in the same way as
a natural person can, as recognized in Media24 Ltd and Others v SA Taxi Securitisation
(Pty) Ltd .
Section B: Non-Patrimonial Loss (Questions 21–40)
21. What is non-patrimonial loss?
A: Intangible loss that affects a person's psychological, emotional, or physical well-being
but does not have direct monetary value, such as pain and suffering or emotional
shock .
22. What does "pain and suffering" compensate for?
