Lpl4802 Summary Notes

LESSON 1: Sources,History and Development of The Law of Damages SOURCES, HISTORY AND DEVELOPMENT OF THE LAW OF DAMAGES NOTIONAL STUDY HOURS 7 NUMBER OF PLANNED SELF-REFLECTIVE ACTIVITIES 4 LESSON OUTCOMES At the end of the lesson, students should be able to : understand key concepts and terms used commonly throughout the study of the law of damages discuss the nature and scope of damages explain the sources of claims of damages discuss the development of damages within the South African legal system Lesson 1 will require seven hours. KEY CONCEPTS AND TERMS Use the textbook and other credible sources to compile the meaning of the following key concepts and terms that would be used throughout the study of the law of damages from now until the end of the semester. It is important that you study these terms extensively, as their knowledge and use imply a better understanding of this field of the law. Also refer to the Multilingual Glossary provided under “Additional Resources” on the myUnisa module site. You will need to master the following key terms as part of achieving the learning outcomes for this lesson: damage; patrimonial loss; patrimony; non-patrimonial loss; damage-causing event; affective loss; damages; compensation; satisfaction; compensation for non-patrimonial loss; solatium; the sum-formula approach; concrete concept of damage; once and for all rule; cause of action; collateral benefits; res inter alios acta; general damages; special damages; nominal damages; id quod interest; prospective loss; positive interesse; negative interesse; discounting; annuity; contingencies; limitation of liability. 1.1 INTRODUCTION Welcome to your first lesson in the module. This lesson seeks to give you a general overview of the nature and scope of the field of law. It goes without saying, that this is a fourth-year level module, and as a result, it would require your highest levels of concentration. It is conv