, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
QUESTION 1
1. Read each statement carefully and state whether it is TRUE or FALSE. For each answer,
provide a brief justification of one to two (1-2) sentences explaining why the statement is true or
false.
1.1. False. The primary aim of damages (specifically Aquilian damages) is to compensate the plaintiff
for their loss, not to punish the defendant. Punitive or exemplary damages are not generally awarded in
South African law, as punishment is the function of criminal law.¹
1.2. False. Only harm that results in the diminution of a legally recognised patrimonial or personality
interest qualifies as damage. Harm such as disappointment or inconvenience from damage to property,
or grief from another's death, is not recognised as damage.²
1.3. True. Patrimonial loss is a broad concept that includes damnum emergens (actual financial losses
or expenses already incurred) and lucrum cessans (the loss of future profits or income that would have
been earned).³
1.4. False. Factual causation is determined by applying the conditio sine qua non ("but-for") test,
which establishes a factual link between conduct and harm. Considerations of fairness and public
policy are applied when determining legal causation (remoteness of damage), not factual causation.⁴
1.5. True. Legal causation (or remoteness of damage) determines which harmful consequences should
be imputed to the wrongdoer, thereby limiting the defendant's liability to those consequences that are
not too remote.⁵
1.6. False. Prospective (future) loss is recognised as part of the concept of damage in South African
law. It can be claimed provided it is based on an existing cause of action and is assessed using
probabilities, contingencies, and actuarial evidence.⁶
1.7. False. Non-patrimonial damages (e.g., for pain and suffering) are not calculated using precise
mathematical formulas. The court exercises a wide discretion to award a fair and adequate amount,
guided by previous awards in comparable cases and the principle of fairness.⁷
¹ LPL4802, Study Guide, p. 19; Potgieter et al., 2012, p. 196.
² LPL4802, Study Guide, pp. 15-16; Potgieter et al., 2012, p. 31.
³ LPL4802, Study Guide, p. 24; Potgieter et al., 2012, p. 64.
⁴ LPL4802, Study Guide, p. 28; Potgieter et al., 2012, p. 307.
⁵ LPL4802, Study Guide, p. 25; Potgieter et al., 2012, p. 307.
⁶ LPL4802, Study Guide, p. 24; Potgieter et al., 2012, p. 33.
⁷ LPL4802, Study Guide, pp. 38-39; Potgieter et al., 2012, p. 498.
QUESTION 1
1. Read each statement carefully and state whether it is TRUE or FALSE. For each answer,
provide a brief justification of one to two (1-2) sentences explaining why the statement is true or
false.
1.1. False. The primary aim of damages (specifically Aquilian damages) is to compensate the plaintiff
for their loss, not to punish the defendant. Punitive or exemplary damages are not generally awarded in
South African law, as punishment is the function of criminal law.¹
1.2. False. Only harm that results in the diminution of a legally recognised patrimonial or personality
interest qualifies as damage. Harm such as disappointment or inconvenience from damage to property,
or grief from another's death, is not recognised as damage.²
1.3. True. Patrimonial loss is a broad concept that includes damnum emergens (actual financial losses
or expenses already incurred) and lucrum cessans (the loss of future profits or income that would have
been earned).³
1.4. False. Factual causation is determined by applying the conditio sine qua non ("but-for") test,
which establishes a factual link between conduct and harm. Considerations of fairness and public
policy are applied when determining legal causation (remoteness of damage), not factual causation.⁴
1.5. True. Legal causation (or remoteness of damage) determines which harmful consequences should
be imputed to the wrongdoer, thereby limiting the defendant's liability to those consequences that are
not too remote.⁵
1.6. False. Prospective (future) loss is recognised as part of the concept of damage in South African
law. It can be claimed provided it is based on an existing cause of action and is assessed using
probabilities, contingencies, and actuarial evidence.⁶
1.7. False. Non-patrimonial damages (e.g., for pain and suffering) are not calculated using precise
mathematical formulas. The court exercises a wide discretion to award a fair and adequate amount,
guided by previous awards in comparable cases and the principle of fairness.⁷
¹ LPL4802, Study Guide, p. 19; Potgieter et al., 2012, p. 196.
² LPL4802, Study Guide, pp. 15-16; Potgieter et al., 2012, p. 31.
³ LPL4802, Study Guide, p. 24; Potgieter et al., 2012, p. 64.
⁴ LPL4802, Study Guide, p. 28; Potgieter et al., 2012, p. 307.
⁵ LPL4802, Study Guide, p. 25; Potgieter et al., 2012, p. 307.
⁶ LPL4802, Study Guide, p. 24; Potgieter et al., 2012, p. 33.
⁷ LPL4802, Study Guide, pp. 38-39; Potgieter et al., 2012, p. 498.
