, LPL4802 EXAM PORTFOLIO SEMESTER 1 ANSWERS - DUE DATE 28 MAY 2026
Question 1
1.1
False. Damages in South African law are primarily compensatory and aim to place the
plaintiff in the position they would have been in had the wrongful act not occurred, rather
than to punish the defendant for wrongful conduct.1
1.2
False. Not every form of harm suffered automatically qualifies as legally recognised damage
because the law only compensates damage that satisfies legal requirements and is recognised
as recoverable.2
1.3
True. Patrimonial loss includes both actual financial loss (damnum emergens) and loss of
expected financial benefit or profit (lucrum cessans).3
1.4
False. Factual causation is generally determined by applying the “but-for” test to establish
whether the damage would have occurred without the defendant’s conduct. Fairness and
policy considerations are mainly applied in legal causation.4
1
Damages in South African law are intended mainly to compensate the injured party rather than punish the
wrongdoer.
2
Damage must satisfy legal requirements before compensation can be awarded.
3
Patrimonial loss consists of actual losses and future or expected financial losses.
4
The “but-for” test applies to factual causation, while policy considerations apply to legal causation.
Question 1
1.1
False. Damages in South African law are primarily compensatory and aim to place the
plaintiff in the position they would have been in had the wrongful act not occurred, rather
than to punish the defendant for wrongful conduct.1
1.2
False. Not every form of harm suffered automatically qualifies as legally recognised damage
because the law only compensates damage that satisfies legal requirements and is recognised
as recoverable.2
1.3
True. Patrimonial loss includes both actual financial loss (damnum emergens) and loss of
expected financial benefit or profit (lucrum cessans).3
1.4
False. Factual causation is generally determined by applying the “but-for” test to establish
whether the damage would have occurred without the defendant’s conduct. Fairness and
policy considerations are mainly applied in legal causation.4
1
Damages in South African law are intended mainly to compensate the injured party rather than punish the
wrongdoer.
2
Damage must satisfy legal requirements before compensation can be awarded.
3
Patrimonial loss consists of actual losses and future or expected financial losses.
4
The “but-for” test applies to factual causation, while policy considerations apply to legal causation.
