LPL4802 May June Portfolio (COMPLETE ANSWERS) Semester 1 2026 - DUE 28 May 2026

LPL4802 May June Portfolio (COMPLETE ANSWERS) Semester 1 2026 - DUE 28 May 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us ..... Damages in South African law are primarily aimed at punishing the defendant for wrongful conduct. Question 1.2 All harm suffered by a plaintiff automatically qualifies as legally recognised damage. Question 1.3 Patrimonial loss includes both actual loss (damnum emergens) and loss of profit (lucrum cessans). Question 1.4 Factual causation is determined by applying considerations of fairness and public policy. Question 1.5 Legal causation serves to limit liability by excluding losses that are too remote. Question 1.6 Future loss cannot be claimed because it has not yet occurred at the time of trial. Question 1.7 Non-patrimonial damages are calculated using precise mathematical formulas. CONFIDENTIAL LPL4802 May/June 2026 Page 5 of 9 Question 1.8 The once-and-for-all rule allows a plaintiff to bring multiple claims for different types of loss arising from the same incident. Question 1.9 A plaintiff who fails to take reasonable steps to limit their loss may have their damages reduced. Question 1.10 Where the plaintiff is partly responsible for their own damage, the claim is completely excluded. Identify all the claims that Mr Mokoena may institute against the Road Accident Fund (RAF). For each claim: Identify the claim, categorise the claim under the correct heading, then indicate whether they are general or special damages and finally give the amounts that he may claim. Provide all calculations where possible On the day the matter was heard, the court found that Mr Mokoena was 50% negligent as he was standing, singing and dancing, while travelling on the back of an open bakkie. How would this affect the amount that he wants to claim from the Road Accident Fund? Provide authority for your answer. (3) 2.3 Will Mr Mokoena be successful with a claim for loss of future income or earning capacity? Motivate your answer. Explain fully the legal remedies available to Ms Khumalo. In your answer, indicate how her damages, if any, will be calculated. (6) 3.2 Using the same facts as in Question 3.1 above, assume instead that BuildRight Contractors completed the patio structure within the agreed time. However, shortly after completion, Ms Khumalo discovered that the workmanship was defective. The structure was unstable, and the finishing was substandard, requiring remedial work. Ms Khumalo subsequently contracted Precision Fixers (Pty) Ltd to repair the defects and complete the finishing work at a cost of R45 000. Explain how damages would be determined in these circumstances. Critically discuss Siphesihle’s prospects of success should she institute a claim for damages against John. In your answer, you must: consider whether she has suffered patrimonial loss; identify the appropriate form of action to be instituted; explain the nature and purpose of such an action; determine the damages recoverable and how it should be calculated; and refer to at least one relevant decided case, explaining the principle established by the court. [ 5.1 Using the facts above, draft the relevant portions of the Particulars of Claim that Ms Nkosi would institute in the High Court against the City of Johannesburg Metropolitan Municipality. Your answer must briefly set out the basis of the Defendant’s liability; identify and describe the heads of damages claimed (general and special damages); and be presented in proper pleading format, with numbered paragraphs and subparagraphs where appropriate.