n lOMoAR cPSD| 27753314
LAW OF DAMAGES PORTFOLIO
LAW OF DAMAGES(university of south Africa)
, lOMoAR cPSD| 27753314
Law of damages portfolio
Question 1 1.1Damage
Damage is the diminution, because of a damage-causing event, of the utility or
quality of a patrimonial or personality interest in satisfying the legally recognized
needs of the person involved.
Damages
Damages are a monetary equivalent of damage awarded to a person with the
object of eliminating as fully as possible his or her past as well as future damage.
Damages also refer to the process through which an impaired interest may be
restored through money
1.2Actio de pauperie
The most important characteristic of the action is that fault on the part of the
owner is not a requirement for liability. In other words, this action entails strict
liability. After initial doubt about whether this action had fallen into disuse, the
Appellate Division in O’Callaghan v Chaplin decided that it is still part of our law.
To succeed in bringing the actio de pauperie, the following requirements must be
met:
• The defendant must be the owner of the animal when the damage is
inflicted.
• The animal must be a domestic animal.
• The animal must act contra naturam sui generis when inflicting the
damage.
• The prejudiced person or his property must be lawfully present at the
location where the damage is inflicted.
Actio de pastu
Damages are assessed here for damage caused by an animal in the eating of
plants. Not only are damages assessed in respect of plants which are grazed but
also loss caused by trampling and breaking of branches and even the
consumption of harvested crops.
there are three requirements for a successful claim under the actio de pastu:
LAW OF DAMAGES PORTFOLIO
LAW OF DAMAGES(university of south Africa)
, lOMoAR cPSD| 27753314
Law of damages portfolio
Question 1 1.1Damage
Damage is the diminution, because of a damage-causing event, of the utility or
quality of a patrimonial or personality interest in satisfying the legally recognized
needs of the person involved.
Damages
Damages are a monetary equivalent of damage awarded to a person with the
object of eliminating as fully as possible his or her past as well as future damage.
Damages also refer to the process through which an impaired interest may be
restored through money
1.2Actio de pauperie
The most important characteristic of the action is that fault on the part of the
owner is not a requirement for liability. In other words, this action entails strict
liability. After initial doubt about whether this action had fallen into disuse, the
Appellate Division in O’Callaghan v Chaplin decided that it is still part of our law.
To succeed in bringing the actio de pauperie, the following requirements must be
met:
• The defendant must be the owner of the animal when the damage is
inflicted.
• The animal must be a domestic animal.
• The animal must act contra naturam sui generis when inflicting the
damage.
• The prejudiced person or his property must be lawfully present at the
location where the damage is inflicted.
Actio de pastu
Damages are assessed here for damage caused by an animal in the eating of
plants. Not only are damages assessed in respect of plants which are grazed but
also loss caused by trampling and breaking of branches and even the
consumption of harvested crops.
there are three requirements for a successful claim under the actio de pastu:
