LPL4802 LAW OF DAMAGES PORTFOLIO EXAM
PRACTICE University of South Africa (UNISA) 150
Questions | Verified Answers with Detailed
Explanations | Graded A+
Academic Year: 2025/2026
SECTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
Questions 1–30
Question 1
In South African law, what is the primary purpose of an award for non-patrimonial loss (injuria)?
A) To compensate the plaintiff for financial loss suffered
B) To provide satisfaction (solatium) for the injury to personality
C) To punish the defendant for wrongful conduct
D) To reimburse the plaintiff for medical expenses
Correct answer: B
Rationale: Non-patrimonial loss (injuria) is compensated through the actio iniuriaris, which is an
action for satisfaction rather than damages. The purpose is to provide solatium (comfort) to the
plaintiff for the injury to personality rights, not to compensate for financial loss or punish the
defendant.
Question 2
Which of the following statements best describes the difference between "satisfaction" and
"damages" in the context of the actio iniuriaris?
,A) Satisfaction compensates for patrimonial loss, while damages compensate for
non-patrimonial loss
B) Satisfaction is awarded for injury to personality (non-patrimonial loss), while damages
compensate for patrimonial loss
C) Satisfaction and damages are identical concepts in South African law
D) Satisfaction is only available in contract law, while damages are only available in delict
Correct answer: B
Rationale: The actio iniuriaris is ordinarily an action for satisfaction rather than for damages.
Satisfaction is awarded for non-patrimonial loss (injury to personality), whereas damages (in the
strict sense) compensate for patrimonial (financial) loss.
Question 3
Non-patrimonial loss has objective and subjective elements. Which of the following is an
objective element?
A) The plaintiff's personal feelings of humiliation
B) The plaintiff's individual sensitivity to the wrongful act
C) The reasonable person's assessment of the injury
D) The plaintiff's subjective experience of pain
Correct answer: C
Rationale: The objective element of non-patrimonial loss refers to the reasonable person's
assessment of the injury - what society would consider as an injury to personality. The
subjective elements relate to the plaintiff's personal experience, feelings, and individual
sensitivity.
Question 4
Can a juristic person (e.g., a company) sue for defamation under South African law?
A) Yes, a juristic person has full legal capacity to sue for defamation
B) No, a juristic person does not have the legal standing to sue for defamation
C) Yes, but only if the defamation caused financial loss
D) No, only natural persons have personality rights
Correct answer: B
,Rationale: Unlike a human being with full legal capacity, a juristic person does not have the legal
standing to sue for defamation. Juristic persons cannot suffer injury to personality in the same
way natural persons can, as they lack the emotional and psychological capacity to experience
humiliation or injury to dignity.
Question 5
A teacher publicly accuses a colleague of using fraudulent qualifications and having an affair
with the principal, then pushes her to the ground causing a broken arm. Which remedies are
available to the injured teacher?
A) Only the actio legis Aquiliae for the physical injuries
B) Only the actio iniuriarum for the defamation
C) Both the actio legis Aquiliae (for physical injuries) and the actio iniuriarum (for defamation
and insult)
D) Neither remedy applies to these facts
Correct answer: C
Rationale: The injured teacher may claim under the actio legis Aquiliae for the patrimonial loss
(medical expenses for the broken arm) and under the actio iniuriarum for the non-patrimonial
loss (public humiliation, defamation, and insult to dignity).
Question 6
What is the "one size fits all" approach to quantifying damages for wrongful arrest and detention,
and why was it dismissed in Motladile v Minister of Police?
A) It was dismissed because courts prefer standardized awards
B) It was dismissed because victims of wrongful arrest are affected differently, and special
circumstances of each case must be considered
C) It was upheld as the proper approach to ensure consistency
D) It was dismissed because Parliament sets fixed damages for wrongful arrest
Correct answer: B
Rationale: The "one size fits all" approach refers to awarding a standard amount of damages to
all claimants of wrongful arrest and detention regardless of individual circumstances. The court
dismissed this approach in Motladile v Minister of Police (414/2022) [2023] ZASCA 94 because
, the victims of wrongful arrest and detention are affected differently - the duration of detention
varies, the harm suffered differs, and each case has unique circumstances that must be
considered to fairly award damages.
Question 7
In Carmichele v Minister of Safety and Security (2001) 4 SA 938, the court emphasized:
A) That all wrongful arrest claims should receive the same damages
B) The importance of recognizing the special circumstances of each case when determining
damages
C) That only police officers can be held liable for wrongful arrest
D) That damages for wrongful arrest are limited to R100,000
Correct answer: B
Rationale: In Carmichele v Minister of Safety and Security, the court emphasized the importance
of recognizing the special circumstances of each case and determining the amount of damages
to be awarded based on the accounts of their case. This rejects a rigid, formulaic approach to
quantifying damages.
Question 8
According to Ngubane v Road Accident Fund 2022 (5) SA 231 (GJ), when does a claim for
general damages transfer to a deceased estate?
A) Immediately upon the death of the claimant
B) Only if litis contestatio (closure of pleadings) has been reached before the claimant's death
C) Never, as personal rights die with the person
D) Only if the defendant agrees to the transfer
Correct answer: B
Rationale: According to longstanding common law confirmed in Ngubane v RAF, a claim for
general damages does not transfer to a deceased estate unless litis contestatio has occurred. In
that case, since litis contestatio had not taken place (the defendant had never filed a plea and
pleadings were not closed), the claim for general damages could not legally pass to the estate.
PRACTICE University of South Africa (UNISA) 150
Questions | Verified Answers with Detailed
Explanations | Graded A+
Academic Year: 2025/2026
SECTION 1: NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS
Questions 1–30
Question 1
In South African law, what is the primary purpose of an award for non-patrimonial loss (injuria)?
A) To compensate the plaintiff for financial loss suffered
B) To provide satisfaction (solatium) for the injury to personality
C) To punish the defendant for wrongful conduct
D) To reimburse the plaintiff for medical expenses
Correct answer: B
Rationale: Non-patrimonial loss (injuria) is compensated through the actio iniuriaris, which is an
action for satisfaction rather than damages. The purpose is to provide solatium (comfort) to the
plaintiff for the injury to personality rights, not to compensate for financial loss or punish the
defendant.
Question 2
Which of the following statements best describes the difference between "satisfaction" and
"damages" in the context of the actio iniuriaris?
,A) Satisfaction compensates for patrimonial loss, while damages compensate for
non-patrimonial loss
B) Satisfaction is awarded for injury to personality (non-patrimonial loss), while damages
compensate for patrimonial loss
C) Satisfaction and damages are identical concepts in South African law
D) Satisfaction is only available in contract law, while damages are only available in delict
Correct answer: B
Rationale: The actio iniuriaris is ordinarily an action for satisfaction rather than for damages.
Satisfaction is awarded for non-patrimonial loss (injury to personality), whereas damages (in the
strict sense) compensate for patrimonial (financial) loss.
Question 3
Non-patrimonial loss has objective and subjective elements. Which of the following is an
objective element?
A) The plaintiff's personal feelings of humiliation
B) The plaintiff's individual sensitivity to the wrongful act
C) The reasonable person's assessment of the injury
D) The plaintiff's subjective experience of pain
Correct answer: C
Rationale: The objective element of non-patrimonial loss refers to the reasonable person's
assessment of the injury - what society would consider as an injury to personality. The
subjective elements relate to the plaintiff's personal experience, feelings, and individual
sensitivity.
Question 4
Can a juristic person (e.g., a company) sue for defamation under South African law?
A) Yes, a juristic person has full legal capacity to sue for defamation
B) No, a juristic person does not have the legal standing to sue for defamation
C) Yes, but only if the defamation caused financial loss
D) No, only natural persons have personality rights
Correct answer: B
,Rationale: Unlike a human being with full legal capacity, a juristic person does not have the legal
standing to sue for defamation. Juristic persons cannot suffer injury to personality in the same
way natural persons can, as they lack the emotional and psychological capacity to experience
humiliation or injury to dignity.
Question 5
A teacher publicly accuses a colleague of using fraudulent qualifications and having an affair
with the principal, then pushes her to the ground causing a broken arm. Which remedies are
available to the injured teacher?
A) Only the actio legis Aquiliae for the physical injuries
B) Only the actio iniuriarum for the defamation
C) Both the actio legis Aquiliae (for physical injuries) and the actio iniuriarum (for defamation
and insult)
D) Neither remedy applies to these facts
Correct answer: C
Rationale: The injured teacher may claim under the actio legis Aquiliae for the patrimonial loss
(medical expenses for the broken arm) and under the actio iniuriarum for the non-patrimonial
loss (public humiliation, defamation, and insult to dignity).
Question 6
What is the "one size fits all" approach to quantifying damages for wrongful arrest and detention,
and why was it dismissed in Motladile v Minister of Police?
A) It was dismissed because courts prefer standardized awards
B) It was dismissed because victims of wrongful arrest are affected differently, and special
circumstances of each case must be considered
C) It was upheld as the proper approach to ensure consistency
D) It was dismissed because Parliament sets fixed damages for wrongful arrest
Correct answer: B
Rationale: The "one size fits all" approach refers to awarding a standard amount of damages to
all claimants of wrongful arrest and detention regardless of individual circumstances. The court
dismissed this approach in Motladile v Minister of Police (414/2022) [2023] ZASCA 94 because
, the victims of wrongful arrest and detention are affected differently - the duration of detention
varies, the harm suffered differs, and each case has unique circumstances that must be
considered to fairly award damages.
Question 7
In Carmichele v Minister of Safety and Security (2001) 4 SA 938, the court emphasized:
A) That all wrongful arrest claims should receive the same damages
B) The importance of recognizing the special circumstances of each case when determining
damages
C) That only police officers can be held liable for wrongful arrest
D) That damages for wrongful arrest are limited to R100,000
Correct answer: B
Rationale: In Carmichele v Minister of Safety and Security, the court emphasized the importance
of recognizing the special circumstances of each case and determining the amount of damages
to be awarded based on the accounts of their case. This rejects a rigid, formulaic approach to
quantifying damages.
Question 8
According to Ngubane v Road Accident Fund 2022 (5) SA 231 (GJ), when does a claim for
general damages transfer to a deceased estate?
A) Immediately upon the death of the claimant
B) Only if litis contestatio (closure of pleadings) has been reached before the claimant's death
C) Never, as personal rights die with the person
D) Only if the defendant agrees to the transfer
Correct answer: B
Rationale: According to longstanding common law confirmed in Ngubane v RAF, a claim for
general damages does not transfer to a deceased estate unless litis contestatio has occurred. In
that case, since litis contestatio had not taken place (the defendant had never filed a plea and
pleadings were not closed), the claim for general damages could not legally pass to the estate.
