LPL4802 ASSIGNMENT 4 MEMO 2021 SUPER SEMESTER UNISA

LPL SEMESTER 1 ASSIGNMENT 04: MULTIPLE CHOICE QUESTIONS UNIQUE NUMBER: DUE DATE: 6 AUGUST 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 In terms of this theory the receipt of money allows a plaintiff greater economic freedom and so assists him or her to overcome the non-patrimonial loss which the plaintiff experiences. 1. Overcoming non-patrimonial loss theory 2. Creation of happiness to counter-balance impairment of feelings theory 3. Comprehensive theory of compensation 4. 1 and 2 5. 2 and 3 QUESTION 2 Damages aimed at supplementing incomplete or defective performance is called: 1. Compensatory damages. 2. Complementary damages. 3. Restitutionary damages. 4. Exemplary damages. 5. Special damages. QUESTION 3 Dr X entered into an agreement with Mr and Mrs Z to sterilize Mrs Z while performing a Caesarean section on her because they could not afford another child. During the operation Dr X forgot about it and the sterilisation was not performed. Mrs Z fell pregnant unexpectedly and subsequently gave birth to a healthy child. It is common cause that Mr and Mrs Z will be able to proof negligence on the part of Dr X. Page 2 of 4 Mr and Mrs Z will be able to successfully institute the following claims separately, or in the alternative: 1. Delictual claim for patrimonial loss and non-patrimonial loss. 2. Delictual claim for patrimonial loss and non-patrimonial loss, and contractual claim for patrimonial loss. 3. Contractual claim for patrimonial loss and non-patrimonial loss. 4. Delictual claim for patrimonial loss and contractual claim for non-patrimonial loss. Delictual claim for non-patrimonial loss and contractual claim for patrimonial loss and non-patrimonial loss. QUESTION 4 Breach of promise to marry someone 1. is no longer recognised as a cause of action in South African law. 2. causing prospective losses does not form a contractual cause of action according to the decision in Cloete v Maritz 2013 5 SA 448 (WCC). 3. is not a form of breach of contract according to the decision in Van Jaarsveld v Bridges 2010 4 SA 558 (SCA). 4. 2 + 3. 5. All three above. QUESTION 5 In the case of breach of contract by the supplier of a lay-by agreement, the Consumer Protection Act 68 of 2008 provides … 1. for double the amount the consumer has paid as compensation if the supplier cannot supply the goods. 2. for compensation to be paid to the consumer irrespective of the cause of the inability to supply the goods by the supplier. 3. for a penalty to be paid as regulated by the Conventional Penalties Act 15 of 1962 when the supplier cannot supply the goods paid for by the consumer. 4. 1 + 2. 5. None of the above QUESTION 6 The Consumer Protection Act 68 of 2008 provides the following in cases of over-selling or over-booking which resulted in failure to supply goods or services to the consumer by the supplier: Page 3 of 4 1. The supplier must refund the consumer any cost directly incidental to the supplier’s breach, irrespective whether the breach was due to the supplier’s fault or not. 2. The supplier must refund the consumer the amount paid by the consumer together with interest. 3. The supplier must refund the consumer the amount paid by the consumer, but no interest may be added to this amount. 4. 1 + 2. 5. 1 + 3. QUESTION 7 In the case of professional liability of a legal practitioner 1. the court held in Holtzhausen v ABSA Bank Ltd 2008 5 SA 630 (SCA) that an action cannot be brought in delict if a contractual claim is also competent. 2. the court held in Holtzhausen v ABSA Bank Ltd 2008 5 SA 630 (SCA) that an action cannot be brought in delict where the negligence relied on consists in the breach of a term of contract. 3. the measure of damages is that the plaintiff should be put in the position he would have occupied if the solicitor has discharged his duty. 4. 2 + 3. 5. All three above. QUESTION 8 In terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) 130 of 1993 an injured employee 1. may claim for both permanent and temporary disability. 2. can claim from only the Director-General of Labour in the case of injuries caused by an accident in the workplace. 3. must prove negligent conduct on the part of the employer to succeed with a claim against the Director-General. 4. 1 + 3. 5. 1 + 2 + 3. QUESTION 9 Rasty buys a Sports car from Super Auto for R590 000. Super Auto guarantee the sports car to be worth R700 000. Rasty pays the purchase price and after collecting the car she has the car valued by another dealer. It transpires that the car’s value is only R610 000. Rasty decides to uphold the contract and to claim damages. The amount that Rasty can claim from Super Auto is: Page 4 of 4 1. R610 000. 2. R90 000. 3. R20 000. 4. R590 000. 5. R700 000 QUESTION 10 Claims for damage caused by the loss of use of property 1. Must be instituted as an alternative to a claim for repair costs. 2. Could include a claim for loss of profit or income. 3. Can only be instituted if the property was utilized to earn an income. 4. 1 + 2. 5. 1+ 2+ 3. TOTAL [10]