LPL4802 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER UNISA

LPL SEMESTER 1 ASSIGNMENT 02: MULTIPLE CHOICE QUESTIONS UNIQUE NUMBER: DUE DATE: 14 JUNE 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 It is difficult to formulate a generally acceptable definition of the law of damages because there are different opinions on which legal principles should be considered to be a part of this branch of law: 1. The law of damages is that part of the law which indicates how the existence and extent of damage as well as the proper amount of damages or satisfaction are to be determined in the case of delict, breach of contract and other legal principles for payment of damages. 2. Does not deal with content of obligations for the payment of damages. 3. 1 and 2 4. All of the above 5. None of the above. QUESTION 2 General and Special damage terms: 1. Are derived from Roman-Dutch law 2. Are derived from English law. 3. Are derived from constitutional law 4. 1 and 2 5. None of the above. QUESTION 3 Is this correct in terms of the subjective and objective approaches to patrimonial loss? Page 2 of 4 1. The subjective approach to damage is not judged on how it personally affects the person’s patrimonial position. 2. Van Der Walt favours objective approach to patrimonial loss. 3. Our law generally adopts an objective approach with subjective qualifications in special circumstances. 4. 1 and 3. 5. None of the above. QUESTION 4 Non-patrimonial loss is the diminution: 1. As the result of a damage-causing event. 2. In the quality of the highly personal interest of an individual in satisfying his or her legally recognized need. 3. Which does not affect his or her patrimony. 4. All of the above. 5. None of the above”. QUESTION 5 The following forms of loss are recognized in practice with a view to compensation in terms of the action for pain and suffering: 1. Pain and Suffering; Shock. 2. Disfigurement. 3. Loss of amenities of life. 4. Shortened expectation of life. 5. All of the above. QUESTION 6 Dependants whose breadwinner was killed may claim for: 1. Prospective loss of support 2. Loss of chance 3. Loss of profit. 4. Loss of income. 5. None of the above. QUESTION 7 In Sigournay v Gillbanks the court stated: 1. Speculation is more important than facts Page 3 of 4 2. Where there has been a change in the situation between the date of the delict and the date of the judgment, this change may affect the amount of damages. 3. It is not necessary to use evidence concerning events from the damage causing event to the date of the action in order to reach a more realistic assessment of the damages. 4. 2 and 3 5. None of the above QUESTION 8 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 9 According to the ‘Once and for all’ rule: 1. Plaintiff only has one opportunity to claim compensation. 2. A claim which falls within a single cause of action may only be ceded as a whole. 3. Substitution of plaintiffs by means of cession after litis contestatio will not affect the interruption of prescription by the original summons served on the defendant 4. All of the above 5. None of the above. QUESTION 10 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 the lease value of the premises that the defendant occupies illegally. 3. The loss of architect’s time and work spent in preparation of plans where defendant failed to transport then in time. Page 4 of 4 4. The cost to demolish a building where the defendant failed to supply quality bricks as per contract. 5. The loss of a chance to win a competition of architects where defendant failed to transport architects plans in time. TOTAL [10]