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LPL4802 Assignment 4 (Quiz) Answers Semester 2 2023. 100% Distinctions!!!

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LPL4802
EXAM
Law of Damages




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LPL4802 Assignment 4 (QUIZ)
Answers Semester 2 2023.
(Assignment & Notes)

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Question text
All the following statements about the assessment of fraudulent and negligent misrepresentation
claims are true, except.

, A.
That such claims are computed in terms of placing the plaitiff in the position he or she would have
occupied had misrepresentation not been made.


B.
Where misrepresentation induces a contract, the plaintiff must first cancel the contract before she or
he is put in the position she or he was in before the conclusion of the same contract.


C.
Where the plaintiff upholds the contract despite the misrepresentation, the award of damages must
place him or her in a contractual position in terms whereof would have prevailed had it not been
affected by the misrepresentation.


D.
In terms of only 1 and 2

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Question text
If the property is destroyed or stolen, the plaintiff's damages may be assessed in terms of the
following except:


A.
In terms of the market value of the property at the time and place of loss.


B.
In terms of the reasonable cost of repairs of the property or its replacement value at the time of loss.


C.
In terms of 1 and or 2


D.
In terms of the subjective reasoning of the court.

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