Portfolio Exam

NAMES: KEAMOGETSE SEFANYETSO

STUDENT NUMBER: 11286652

MODULE NAME: LAW OF DAMAGES

MODULE CODE: LPL4802

DUE DATE: 28 MAY 2026

, QUESTION 1




1.1 FALSE

In South African law damages are compensatory. The aim is not to punish the
defendant but to restore the plaintiff to the position they would have been in had the
wrongful act not occurred.1




1.2 FALSE

Not all harm automatically qualifies as legally recognised damage. Only harm that is
legally recognised in regard to patrimonial and personality interest is harm.2

1.3 TRUE

Patrimonial loss includes both damnum emergens and lucrum cessans. Damnum
emergens is the direct loss of profit already suffered and lucrum cessans is the loss of
profits and some forms of future loss.3

1.4 FALSE

Factual causation is determined by using the sine qua non “but for” test rather than
using considerations of fairness or policy.4




1 JM Potgieter and others, Law of Damages (2nd edn, Juta 2012) 4.
2 JM Potgieter and others, Law of Damages 31
3 JM Potgieter and others, Law of Damages 65.
4 JM Potgieter and others, Law of Damages 94