LPL4802 PORTFOLIO MEMO - MAY 2026 - SEMESTER 1 - 2026 - UNISA - DUE DATE :- 28 MAY 2026 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LPL4802 PORTFOLIO MEMO - MAY 2026 - SEMESTER 1 - 2026 - UNISA - DUE DATE :- 28 MAY 2026 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 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. Each question carries 1 mark. Question 1.1 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. Page 4 of 9 CONFIDENTIAL LPL4802 May/June 2026 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. [10] QUESTION 2: Carefully read through the set of facts and then answer the questions that follow. Mr Mokoena was a contract employee on a citrus farm and performed seasonal work. On 20 July 2025, a group of employees attended a wedding in the nearby town, Tzaneen. That evening they were given a lift on the back of an open bakkie to return to the farm. Mr Mokoena had too much to drink and was standing on the back of the bakkie singing and dancing. Mr Naki, the driver of the bakkie, had to swerve at a 4-way crossing, to avoid crashing into another vehicle that did not heed the stop sign. Mr Mokoena fell from the bakkie and was seriously injured and taken to a public hospital by ambulance. The doctor on duty at the hospital determined that he suffered the following injuries: his left leg and left arm were fractured and he broke his ribs. Mr Mokoena was hospitalised for 3 weeks. As Mr Mokoena was a seasonal worker, he was only paid R350.00 once a week and could not return to the farm as a seasonal worker. Mr Mokoena will need physiotherapy and occupational therapy after the accident to help him recover so that he can work again. The physiotherapist indicated that he would need five (5) therapy sessions at a cost of R750.00 per session, while the occupational therapist recommended that he should come for one session per week for seven (7) weeks. The occupational therapist charges R500.00 per session. Mr Mokoena suffered severe pain and discomfort for a month after the accident. He would like to institute a claim against the Road Accident Fund. His attorney advised Page 5 of 9 CONFIDENTIAL LPL4802 May/June 2026 Page 6 of 9 him to include a claim of R250 000 for the pain and suffering and another R250 000 for the physical injuries that he sustained. Since the accident, Mr Mokoena has found employment as a security guard at a school and now earns R500 per week. 2.1 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. (24) Your answer must be provided in the table format below. An example has been provided. NB: Marks will be deducted if the table format is not used. Show your calculations, as marks will be awarded for these. Identify the different claims Categorise the claims General/Special damages Amount Broken leg Bodily injury General R 5000 2.2 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. (3) [30] QUESTION 3: Carefully read through the set of facts and then answer the questions that follow. On 10 February 2025, Ms Zanele Khumalo entered into a written agreement with BuildRight Contractors (Pty) Ltd (‘BuildRight’), in terms of which BuildRight undertook to install a custom aluminium patio structure at her residence in Durban. The parties agreed that construction would commence on 1 April 2025 and be completed by 30 June 2025. The agreed price of the contract was R80 000, payable as follows: a deposit of R40 000 upon conclusion of the agreement and the balance upon completion of the work. CONFIDENTIAL LPL4802 May/June 2026 Ms Khumalo paid the deposit on 15 February 2025. BuildRight commenced work on the agreed date. However, by 1 May 2025, the contractor had stopped work and no workers returned to the site thereafter. Despite several attempts, Ms Khumalo was unable to contact BuildRight. Faced with an incomplete structure and no indication that the original contractor would return, Ms Khumalo engaged UrbanShade Solutions CC to complete the installation at a cost of R70 000. 3.1 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. (4) [10] QUESTION 4: Carefully read through the set of facts and then answer the questions that follow. Siphesihle is the owner of a successful horse-breeding enterprise specialising in thoroughbred racing horses. One afternoon, she becomes involved in a heated dispute with her neighbouring farmer, John, who runs a competing breeding operation. Out of spite and resentment towards Siphesihle’s success, John deliberately poisons one of Siphesihle’s prized stallions, named Majestic Star. The stallion dies as a result. Siphesihle had originally purchased Majestic Star for R350 000, but at the time of its death, it had an estimated market value of R550 000 due to its proven breeding record and racing lineage. 4.1 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. [10] Page 7 of 9 CONFIDENTIAL LPL4802 May/June 2026 Page 8 of 9 QUESTION 5: Carefully read through the set of facts and then answer the questions that follow. Following ongoing infrastructure upgrades in Midrand, the City of Johannesburg Metropolitan Municipality undertook maintenance work on pedestrian walkways near a busy commercial district. On 15 March 2025, municipal employees began repairing a damaged section of pavement outside a shopping complex. In the course of their work, they removed several paving blocks, leaving a deep trench across the walkway. Before completing the repairs, the workers left the site unattended in the late afternoon. They failed to place any warning signs, erect barriers, or secure the area in any way to alert pedestrians to the danger. At approximately 18:00, Ms Lerato Nkosi, a 35-year-old school teacher, was walking along the pavement on her way home from a shopping trip. The area was poorly lit, and Ms Nkosi did not notice the trench in time. She stepped into it and fell heavily. As a result of the fall, Ms Nkosi sustained the following injuries: a fractured ankle, ligament damage to her knee, and a head injury resulting in dizziness and headaches. She was admitted to hospital for two (2) weeks and required ongoing medical treatment thereafter. Due to her injuries, she was unable to work for a period of six (6) weeks and lost income. Since the incident, Ms Nkosi has experienced ongoing pain and discomfort and is no longer able to walk long distances or participate in her usual physical activities. 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. NB: You are not required to draft the full Particulars of Claim. Marks will be awarded as follows for the Particulars of Claim: Negligence/basis of liability 3 marks Special damages (identified and described) 3 marks CONFIDENTIAL LPL4802 May/June 2026 Page 9 of 9 General damages (identified and described) 2 marks Proper pleading format 2 marks [10] TOTAL: 70 MARKS