LPL4802
ASSIGNMENT 01
YEAR: 2022
Disclaimer: Please note that this document is solely for personal, non-commercial,
informational and reference purposes. It may not be duplicated, copied, submitted as
one’s own work or quoted in any way.
LPL4802 – Law of Damages – Assignment 01
Supervisor: Adv M Khumalo
, LPL4802 – Assignment 01
Table of Contents
Appendix A: ACADEMIC HONESTY DECLARATION .................................................... 1
Question 1 - General Concepts and Principles of Law of Damages ................................ 2
1.1 a) In his capacity as an employee, who are the two defendants that Zacks may
claim compensation from and or institute claims of action against, in terms of relevant
statutes? Further provide such statutes on which Zacks can rely to make such claims.
..................................................................................................................................... 2
1.1 b) In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has against the
third party. .................................................................................................................... 2
1.1 c) Zacks succeeds in claiming a total of R 102 000 as compensation for his injuries
from the body standing in for his employer, subject to the deduction of his contributory
negligence expressed as a percentage of the total claim. Calculate what is due to
Zacks. .......................................................................................................................... 3
1.1 d) Zacks institutes claims on general damages from the third party. The court
awards him R60 000, before deducting his contributory negligence. Discuss fully, with
the aid of case law and legislation, how the court will arrive at Zacks’ final award. ..... 3
1.2 a) Contrast the sum formula with the concrete concept of damage. ...................... 5
1.2 b) Write down the definition of compensation, in respect of damage or loss. ........ 5
Bibliography .................................................................................................................... 6
i
ASSIGNMENT 01
YEAR: 2022
Disclaimer: Please note that this document is solely for personal, non-commercial,
informational and reference purposes. It may not be duplicated, copied, submitted as
one’s own work or quoted in any way.
LPL4802 – Law of Damages – Assignment 01
Supervisor: Adv M Khumalo
, LPL4802 – Assignment 01
Table of Contents
Appendix A: ACADEMIC HONESTY DECLARATION .................................................... 1
Question 1 - General Concepts and Principles of Law of Damages ................................ 2
1.1 a) In his capacity as an employee, who are the two defendants that Zacks may
claim compensation from and or institute claims of action against, in terms of relevant
statutes? Further provide such statutes on which Zacks can rely to make such claims.
..................................................................................................................................... 2
1.1 b) In the event that the person/body standing in for the employer pays Zacks
compensation, indicate what statutory right of recourse it (such body) has against the
third party. .................................................................................................................... 2
1.1 c) Zacks succeeds in claiming a total of R 102 000 as compensation for his injuries
from the body standing in for his employer, subject to the deduction of his contributory
negligence expressed as a percentage of the total claim. Calculate what is due to
Zacks. .......................................................................................................................... 3
1.1 d) Zacks institutes claims on general damages from the third party. The court
awards him R60 000, before deducting his contributory negligence. Discuss fully, with
the aid of case law and legislation, how the court will arrive at Zacks’ final award. ..... 3
1.2 a) Contrast the sum formula with the concrete concept of damage. ...................... 5
1.2 b) Write down the definition of compensation, in respect of damage or loss. ........ 5
Bibliography .................................................................................................................... 6
i
