LPL4802 Exam Portfolio 2026 - Distinction | Due 29 October 2026

LPL4802 Exam Portfolio 2026 - Distinction | Due 29 October 2026 7. 8. Read all the prescribed material beforehand 9. Please submit the take-home exam on the Assessment 5 Shell on mymodules platform by no 10. Format requirements: Your take-home exam must be typed, in Arial 12 font. All paragraphs should be in 1.5 spacing with 12 pt. space after each paragraph. The margins should be 2.5 left, right, top and bottom. Bibliography is compulsory. 11. Your exam answer script MUST NOT EXCEED SEVEN PAGES, including the cover page and the bibliography. Page 2 of 7 CONFIDENTIAL LPL4802 Oct_Nov 2026 OCTOBER 2026 LAW OF DAMAGES (LPL4802) EXAMINATION QUESTIONS CHAPTER 13: PATRIMONIAL LOSS: CERTAIN FORMS OF DELICT TOTAL: 50 MARKS: CASE STUDY Instructions to students 1. Answer questions 1-3 based on this Chapter. 2. Support your answers with relevant provisions of the Competition Act 89 of 1998 and applicable principles of South African law of damages. 3. Where appropriate, refer to Nationwide Airlines (Pty) Ltd (in Liquidation) v South African Airways (Pty) Ltd 2016 (6) SA 19 (GJ). 4. Demonstrate your ability to apply the law to the facts. Merely reproducing statutory provisions or passages from the judgment will not attract full marks. 5. You are to use a maximum of three pages to answer these three questions. Anything beyond that will NOT be marked. QUESTION 1: PROHIBITED CONDUCT AND THE RIGHT TO CLAIM DAMAGES [20 MARKS] Nationwide Airlines (Pty) Ltd (Nationwide) operated as a competitor of South African Airways (Pty) Ltd (SAA). SAA, a dominant firm in the airline market, entered into incentive agreements with travel agents which induced those agents to direct customers towards SAA at the expense of competing airlines. The Competition Tribunal found that SAA’s conduct constituted a prohibited practice in terms of section 8(d)(i) of the Competition Act 89 of 1998. Following that finding, Page 3 of 7 CONFIDENTIAL LPL4802 Oct_Nov 2026 Nationwide instituted civil proceedings against SAA, claiming damages for loss of profits allegedly caused by the prohibited conduct. With reference to the facts and the relevant statutory provisions, answer the following: 1.1 Explain the nature of the prohibited conduct contemplated in terms of the Competition Act and apply its requirements to SAA’s incentive agreements with travel agents. (6) 1.2 Establish, without re-writing certain parts of the relevant provision, how the Competition Act regulates the determination of issues relating to prohibited conduct in subsequent civil proceedings and its significance for Nationwide’s damages claim. (6) 1.3 Indicate how Nationwide had to establish its damages, in the process, identify the essential link between the prohibited conduct and the loss claimed. (8) QUESTION 2: QUANTIFICATION OF DAMAGES ARISING FROM ANTICOMPETITIVE CONDUCT [20 MARKS] In paragraphs 50–54 of Nationwide Airlines, the Court explained that the damages claimed by Nationwide were essentially its lost profits. The Court had to compare Nationwide’s actual position with the hypothetical position it would have occupied had SAA’s anti-competitive conduct not occurred. The experts presented different economic models, producing estimates ranging from zero to approximately R355 million. Robin Noble, Nationwide’s expert, presented four models using linear trend and linear interpolation approaches, based on passenger numbers and market shares. The results were pooled to obtain a median estimate of approximately R170 million. The Court nevertheless adopted linear interpolation as the method for determining the loss because it was the method agreed upon by the parties. 2.1 Explain the counterfactual approach to the assessment of damages and demonstrate how it is used to determine the loss suffered by Nationwide. (6) Page 4 of 7 CONFIDENTIAL LPL4802 Oct_Nov 2026 2.2 Determine how the court used different models to determine damages. Further explain its reasons for choosing a certain model to establish damages. (6) 2.3 Explain the three stages of the calculation of lost profits discussed in the relevant paragraphs of the judgment. Your answer must distinguish lost passengers, lost revenue and lost profits, and explain the relevance of avoided costs. (8) QUESTION 3: STATUTORY LIMITATIONS AND THE STANDARD OF PROOF [10 MARKS] A company alleges that a competitor has engaged in conduct prohibited by the Competition Act. It intends to pursue a complaint before the Competition Tribunal and, if the necessary requirements are satisfied, institute a civil damages action. The parties also dispute whether an existing order of the Competition Tribunal may be varied or rescinded. With reference to the relevant provisions of the Competition Act 89 of 1998, explain the statutory significance of these provisions. Your answer must distinguish the civil court’s treatment of prohibited conduct, the variation or rescission of an order, the time limit for initiating a complaint, and the applicable standard of proof. (10) TOTAL: 50 MARKS CHAPTER 7: ONCE AND FOR ALL RULE AND CAUSES OF ACTION QUESTION 4: (10 MARKS) The once-and-for-all rule requires a claimant to recover, in a single action, all damages arising from a single cause of action, including damages already sustained and reasonably anticipated future damages. However, the application of this rule in South African law raises particular difficulties in cases involving nuisance, continuing wrongful conduct and subsidence. Critically analyse the application of the once-and-for-all rule in these three categories of cases. In your answer, explain the rationale for the different approaches, identify Page 5 of 7 CONFIDENTIAL LPL4802 Oct_Nov 2026 the relevant case law, and discuss the South African legal position, including any differences of opinion concerning subsidence. Your answer must be presented as a concise, reasoned legal argument of approximately one page. [10 marks] CHAPTERS 5 AND CHAPTER 6 OF THE PRESCRIBED TEXTBOOK QUESTION 5 (10 MARKS) The following statements concern concepts dealt with in Chapters 5 and 6 of the prescribed textbook, Visser and Potgieter, Law of Damages. For each statement, indicate whether it is TRUE or FALSE. Where a statement is false, rewrite it to reflect the correct legal position. Where it is true, provide authority. Merely identifying a statement as true or false will not earn any marks. Your answers must be concise, legally accurate and presented within a strict limit of half a page for all five questions combined. 5.1 Pain and suffering is confined to physical pain experienced by an injured person and excludes emotional distress, mental suffering and other non-patrimonial consequences of bodily injury. (2) 5.2 Shortened life expectancy is compensated on the basis that the claimant has necessarily lost a fixed number of years of life, irrespective of the evidence concerning the claimant’s anticipated lifespan and the circumstances of the injury. (2) 5.3 Defamation consists exclusively of the publication of a false statement of fact that causes measurable financial loss to the person concerned; injury to reputation without proof of financial loss does not constitute defamation. (2) 5.4 Prospective damage refers only to loss that has already occurred by the time the court adjudicates the claim; future losses cannot form part of an award of damages. (2) Page 6 of 7 CONFIDENTIAL LPL4802 Oct_Nov 2026 5.5 In determining future loss, the court must calculate the claimant’s anticipated loss with mathematical certainty and may not consider probabilities, contingencies or reasonable estimates of future events. (2) TOTAL: 70 MARKS © UNISA 2026 Page 7 of 7