Professional Documents
Culture Documents
Feedback LPL4802 2019 Semester 1 ASSIGNMENT 03: Multiple Choice Questions Unique Number: DUE DATE: September 2019
Feedback LPL4802 2019 Semester 1 ASSIGNMENT 03: Multiple Choice Questions Unique Number: DUE DATE: September 2019
UNIQUE NUMBER:
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 (1)
The correct answer is [1]
See Visser and Potgieter’s Law of Damages par 9.5.4.2
Question 2
Question 3
Open Rubric
healthy child. It is common cause that Mr and Mrs Z will be able to proof
negligence on the part of Dr X.
Mr and Mrs Z will be able to successfully institute the following claims separately,
or in the alternative:
Question 4
Breach of promise to marry someone
See Visser and Potgieter’s Law of Damages par 12.23, Breach of promise can still form a delictual
cause of action if iniuria can be proven Visser 15.3.4.
Question 5
According to the in duplum rule
1. Interest runs until the debtor has satisfied the debt.
2. The debtor is, however, protected by the common-law rule of in duplum,
which means that if mora interests reaches an amount equal to the capital
sum due, it ceases to run.
3. If a part of the interest is paid, it accumulates again up to the amount of
capital sum.
4. All three above.
5. 1 + 2. (1)
The correct answer is [4]
See Visser and Potgieter’s Law of Damages par 8.10.4. Page 208
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:
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, but
no interest may be added to this amount.
3. The supplier must refund the consumer the amount paid by the consumer
together with interest.
4. 1 + 2.
5. 1 + 3. (1)
Question 7
In a specific instance breach of contract may cause damage in one or more of the
following ways:
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. All of the above (1)
Question 9
Razia buys a Sports car from Super Auto for R590 000. Super Auto guarantee
the sports car to be worth R700 000. Razia 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. Razia decides to uphold the contract and to claim
damages. The amount that Razia can claim from Super Auto is:
1. R610 000.
2. R90 000.
3. R20 000.
4. R590 000.
5. R700 000. (1)
See Visser and Potgieter’s Law of Damages par 12.15.7. The measure of damages is the difference in
value between the res vendita (ring) as it is and the value it would have had if it had lived up to the
guarantee. Therefore the damage is R700 000 – R610 000 = R90 000.
Question 10
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. (1)
See Visser and Potgieter’s Law of Damages par 11.9.6 paragraph 12.24.1 and footnote 504.
TOTAL [10]