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  • Feedback LPL4802 2019 Semester 1 ASSIGNMENT 03: Multiple Choice Questions Unique Number: DUE DATE: September 2019

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    This document provides a feedback summary for 10 multiple choice questions from an assignment on the law of damages. It includes the questions, possible answer choices, and the correct answers. For each question, it also provides a brief rationale for the correct answer by citing the relevant section or case from Visser and Potgieter’s Law of Damages textbook. The feedback is intended to help students understand why their answers were right or wrong based on the authoritative legal sources.

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    This document provides a feedback summary for 10 multiple choice questions from an assignment on the law of damages. It includes the questions, possible answer choices, and the correct answers. For each question, it also provides a brief rationale for the correct answer by citing the relevant section or case from Visser and Potgieter’s Law of Damages textbook. The feedback is intended to help students understand why their answers were right or wrong based on the authoritative legal sources.

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    442 views5 pages

    Feedback LPL4802 2019 Semester 1 ASSIGNMENT 03: Multiple Choice Questions Unique Number: DUE DATE: September 2019

    Uploaded by

    Bradreck Kagande
    This document provides a feedback summary for 10 multiple choice questions from an assignment on the law of damages. It includes the questions, possible answer choices, and the correct answers. For each question, it also provides a brief rationale for the correct answer by citing the relevant section or case from Visser and Potgieter’s Law of Damages textbook. The feedback is intended to help students understand why their answers were right or wrong based on the authoritative legal sources.

    Copyright:

    © All Rights Reserved
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    of 5

    FEEDBACK

    LPL4802 2019 semester 1

    ASSIGNMENT 03: Multiple choice questions

    UNIQUE NUMBER:

    DUE DATE: September 2019

    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

    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. (1)
    The correct answer is [2]
    See Visser and Potgieter’s Law of Damages par 8.9.3

    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

    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:

    1. Delictual claim for patrimonial loss and non-patrimonial loss.


    2. Contractual claim for patrimonial loss and non-patrimonial loss.
    3. Delictual claim for patrimonial loss and non-patrimonial loss, and contractual
    claim for patrimonial loss.
    4. Delictual claim for patrimonial loss and contractual claim for non-patrimonial
    loss.
    5. Delictual claim for non-patrimonial loss and contractual claim for patrimonial
    loss and non-patrimonial loss. (1)

    The correct answer is [3]


    See Visser and Potgieter’s Law of Damages par 9.5.6, Administrator, Natal v Edourd 1990 3 SA 581(A)

    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. (1)
    The correct answer is [2]

    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)

    The correct answer is [3]

    See Visser and Potgieter’s Law of Damages par 12.19.3

    Question 7
    In a specific instance breach of contract may cause damage in one or more of the
    following ways:

    1. The value of the promised performance (determined by correct measure) is


    not received in cases where it is worth more than the counter-performance or
    where the counter-performance has already been delivered.
    2. Possession of the promised performance is delayed until actually received or
    a suitable substitute is obtained.
    3. Malperformance or the failure to perform causes some further expenses or
    losses
    4. A loss of profit which does not fall under one of the abovementioned
    instances.
    5. All four above (1)

    The correct answer is [5]

    See Visser and Potgieter’s Law of Damages par 12.3


    Question 8
    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. All of the above (1)

    The correct answer is [1]

    See Visser and Potgieter’s Law of Damages par 12.19.3

    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)

    The correct answer is [2]

    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)

    The correct answer is [4]

    See Visser and Potgieter’s Law of Damages par 11.9.6 paragraph 12.24.1 and footnote 504.

    TOTAL [10]

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