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COVER PAGE
UNIVERSITY OF SOUTH AFRICA (UNISA)
COLLEGE OF LAW
LPL4802: LAW OF DAMAGES
May/June 2026 Take-Home Examination Portfolio Answers
(For Guideline Purposes Only – Not for Cheating or Plagiarism)
Author’s Contact (for academic assistance or tutoring): +27 72 439 6681
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ACADEMIC DECLARATION
1. I, [Your Full Name], student number [Your Student Number], hereby declare that
this portfolio of answers is my own original work.
2. I understand that submitting any work that is not my own or which is plagiarised
may result in disciplinary action against me, including prosecution under the
University’s disciplinary code.
3. I have not colluded with, consulted, or copied from any other candidate, and all
sources are accurately cited and listed in the Bibliography.
,─────────────────────────────────────────────────────
DISCLAIMER
These answers are provided purely as a set of guideline responses for UNISA Law
students preparing for the LPL4802: Law of Damages take-home examination. They
are neither model answers approved by the University nor guaranteed to secure a
particular result. Students remain responsible for verifying the accuracy and
relevance of the content. Under no circumstances should this material be used to
commit plagiarism, collusion, or any other disciplinary breach. By referencing or
consulting this document, you acknowledge full awareness of and compliance with
UNISA’s rules regarding academic honesty.
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TABLE OF CONTENTS
1. INTRODUCTION ……………………………………………………………………. 2
2. QUESTION 1 (TRUE/FALSE) ………………………………………..…………… 3
3. QUESTION 2 (ROAD ACCIDENT FUND SCENARIO) ………………..….…… 5
2.1 Claims Table ………………………………………………………………..…… 5
2.2 Effect of Contributory Negligence ………………………………………..…… 7
2.3 Future Income or Earning Capacity ……………………………………..….… 7
4. QUESTION 3 (BREACH OF CONTRACT: BUILDING AGREEMENT) .……… 8
3.1 Remedies and Calculation of Damages ……………………………………..… 8
3.2 Defective Performance and Calculation of Damages ………………………… 9
5. QUESTION 4 (DELICTUAL CLAIM FOR DEATH OF A STALLION) …………. 10
, 6. QUESTION 5 (DRAFT PARTICULARS OF CLAIM) ……………………………. 12
7. BIBLIOGRAPHY …………………………………………………………………… 14
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1. INTRODUCTION
This portfolio of answers addresses the May/June 2026 take-home examination
questions for LPL4802: Law of Damages. The solutions draw on standard South
African delictual and contractual damages principles, as well as the Law of Damages
notes (University of South Africa) and other common law authorities. All references
appear in OSCOLA footnote style immediately following statements, supplemented
by a comprehensive Bibliography at the end.
These answers aim to serve as guidelines for understanding the principles of
damages in both breach of contract and delict. They should not be submitted as-is
for academic credit without proper acknowledgment. Candidates are urged to review
the relevant legal sources and apply their own interpretation and drafting.
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2. QUESTION 1 (TRUE/FALSE)
(Each answer: 1 mark, with a brief motivation.)
1.1 “Damages in South African law are primarily aimed at punishing the defendant
for wrongful conduct.”
Answer: FALSE.
COVER PAGE
UNIVERSITY OF SOUTH AFRICA (UNISA)
COLLEGE OF LAW
LPL4802: LAW OF DAMAGES
May/June 2026 Take-Home Examination Portfolio Answers
(For Guideline Purposes Only – Not for Cheating or Plagiarism)
Author’s Contact (for academic assistance or tutoring): +27 72 439 6681
─────────────────────────────────────────────────────
ACADEMIC DECLARATION
1. I, [Your Full Name], student number [Your Student Number], hereby declare that
this portfolio of answers is my own original work.
2. I understand that submitting any work that is not my own or which is plagiarised
may result in disciplinary action against me, including prosecution under the
University’s disciplinary code.
3. I have not colluded with, consulted, or copied from any other candidate, and all
sources are accurately cited and listed in the Bibliography.
,─────────────────────────────────────────────────────
DISCLAIMER
These answers are provided purely as a set of guideline responses for UNISA Law
students preparing for the LPL4802: Law of Damages take-home examination. They
are neither model answers approved by the University nor guaranteed to secure a
particular result. Students remain responsible for verifying the accuracy and
relevance of the content. Under no circumstances should this material be used to
commit plagiarism, collusion, or any other disciplinary breach. By referencing or
consulting this document, you acknowledge full awareness of and compliance with
UNISA’s rules regarding academic honesty.
─────────────────────────────────────────────────────
TABLE OF CONTENTS
1. INTRODUCTION ……………………………………………………………………. 2
2. QUESTION 1 (TRUE/FALSE) ………………………………………..…………… 3
3. QUESTION 2 (ROAD ACCIDENT FUND SCENARIO) ………………..….…… 5
2.1 Claims Table ………………………………………………………………..…… 5
2.2 Effect of Contributory Negligence ………………………………………..…… 7
2.3 Future Income or Earning Capacity ……………………………………..….… 7
4. QUESTION 3 (BREACH OF CONTRACT: BUILDING AGREEMENT) .……… 8
3.1 Remedies and Calculation of Damages ……………………………………..… 8
3.2 Defective Performance and Calculation of Damages ………………………… 9
5. QUESTION 4 (DELICTUAL CLAIM FOR DEATH OF A STALLION) …………. 10
, 6. QUESTION 5 (DRAFT PARTICULARS OF CLAIM) ……………………………. 12
7. BIBLIOGRAPHY …………………………………………………………………… 14
─────────────────────────────────────────────────────
1. INTRODUCTION
This portfolio of answers addresses the May/June 2026 take-home examination
questions for LPL4802: Law of Damages. The solutions draw on standard South
African delictual and contractual damages principles, as well as the Law of Damages
notes (University of South Africa) and other common law authorities. All references
appear in OSCOLA footnote style immediately following statements, supplemented
by a comprehensive Bibliography at the end.
These answers aim to serve as guidelines for understanding the principles of
damages in both breach of contract and delict. They should not be submitted as-is
for academic credit without proper acknowledgment. Candidates are urged to review
the relevant legal sources and apply their own interpretation and drafting.
─────────────────────────────────────────────────────
2. QUESTION 1 (TRUE/FALSE)
(Each answer: 1 mark, with a brief motivation.)
1.1 “Damages in South African law are primarily aimed at punishing the defendant
for wrongful conduct.”
Answer: FALSE.
