LPL4802 ASSIGNMENT 3 MEMO 2021 SUPER SEMESTER UNISA

LPL SEMESTER 1 ASSIGNMENT 03: MULTIPLE CHOICE QUESTIONS UNIQUE NUMBER: DUE DATE: 14 JULY 2021 Please stick to the due date on this question paper. Late submissions will be rejected by the system. Lecturers will NOT accept emailed answers. Select the most suitable option on each question from those listed as 1-5 and answer the questions on an online electronic mark-reading sheet available on myUnisa assignment platform. QUESTION 1 When an insolvent claims damages or satisfaction on account of defamation or bodily injury; such compensation: 1. Falls into the insolvent estate 2. Belongs to the curator. 3. Can be used to acquire assets which form part of the insolvent estate 4. 1 and 3 5. Does not fall into the insolvent estate. QUESTION 2 X, who together with Z, Y’s wife who are married in community of property, allegedly wrongfully assaulted Y. Y Sustained serious bodily injuries and pain. Y instituted action for both patrimonial and non-patrimonial damages against both of them. X, settles all the damages as a joint wrongdoer. What is true about his recourse against Z and their joint estate (where Z’s estate cannot satisfy the claim)? 1. X has a recourse against either Z’s separate estate, but not the joint estate between Z and Y. 2. Non-patrimonial damages now form part of the separate estate of Y, and X cannot claim them against the joint estate in terms of S18 of the Matrimonial Property Act 88 of 1984. 3. X has no recourse against Z in that Z cannot wrong her husband she married in community of property. 4. X has a recourse for both patrimonial and non-patrimonial damages against the joint estate. Page 2 of 4 5. 2 and 4 are correct. QUESTION 3 Legal causation in claims of damages is best explained as 1. The question of the so-called remote consequences 2. 1, 3 and 4 3. Based on policy consideration of reasonableness, fairness and justice. 4. Based on reasonable foreseeability criterion. 5. None of the above. QUESTION 4 The following are true about the principles concerning the “so-called” egg-skull cases, except: 1. They are sometimes referred to as talem-qualem rule 2. That the defendant would be held liable for the full extent of the injury despite the fact that it may have been partially attributable to the plaintiff’s weakness. 3. That those principles have never before been applied in South African case law. 4. It is similar to the rule that “you must take your victim as you found him/her” 5. 2 and 4 QUESTION 5 The Which of the following is NOT a competent claim for recourse involving damages. 1. The Road Accident Fund, after paying damages to a third party, may recover from the owner of the vehicle or any such person while culpable conduct caused such damage. 2. S2 of the Apportionment of Damages Act 34 of 1956 in respect of joint wrongdoers. 3. The right to claim loss of support by parents against their breadwinner children 4. An innocent spouse in a marriage in community of property in terms of S15 (9) (b) of the Patrimonial Property Act 88 of 1984. 5. An insurer who has indemnified an insured who has a claim against a third, has a claim of recourse against the third party in the name of the insured. Page 3 of 4 QUESTION 6 In order to reduce damages awarded to the plaintiff, where the defendant has alleged contributory fault, the court would consider all of the following except: 1. The idea that a plaintiff cannot be at fault against him or herself. 2. The court has regard to the negligent conduct of both the plaintiff and the defendant which are conversely connected to the loss. 3. The court compares the percentages of deviation from the norm of a reasonable person as a percentage figure. 4. The degree of the plaintiff’s fault automatically determines the degree to which the defendant was at fault. 5. Using a “reasonable man person test”. QUESTION 7 In According to the Thoroughbred Breeder’s Association v Price Waterhouse 2001 (3) 551 (SCA) a careless plaintiff would only be non-suited to claim contractual damages. 1. Where defendants’ actions caused the loss. 2. Where there was a term to that effect. 3. His/her own carelessness did cause the loss. 4. 2 and 3 5. None of the above. QUESTION 8 The following are examples of what could generally be seen as what was contemplated or could reasonably be foreseeable by parties to a contract except: 1. Loss of interest where the defendant fails to testify to timeously pay the money. 2. The loss of a chance to win a competition of architects where defendant failed to transport architects plans in time. 3. The loss of the lease value of the premises that the defendant occupies illegally. 4. The loss of architect’s time and work spent in preparation of plans where defendant failed to transport then in time. 5. The cost to demolish a building where the defendant failed to supply quality bricks as per contract. QUESTION 9 A The fact that a plaintiff has to wait for the payment of damages and satisfaction naturally entails prejudice on account of the fact that: 1. During the same period, he does not enjoy the use of the money. 2. On account of inflation, money loses its value over time. Page 4 of 4 3. 1 only 2 only. 4. Adjustment for inflation can be made for the period between date of delict and date of trial 5. None of the above. QUESTION 10 All of the following are true, except: 1. Restitution is different from damages. 2. Compensatory damages refer to damages calculated in terms of positive interesse. 3. Restitutory damages are seen as compensation assessed with references to negative interesse. 4. Punitive damages were awarded in Fose v Minister of Safety and Security 1997 (3) SA 786 (CC). 5. Complementary damages are aimed at supplementing incomplete or defective performance. TOTAL [10]