LAW OF DAMGES – LPL4802 PORTFOLIO ASSIGNMENT: 895518

Question 1: General principles of the Law of Damages 1.1. Damage: - This is the diminution of the utility or quality of a patrimonial or personality interest, as a result of a damage causing event. Damages: - These are the monetary equivalent of damage awarded to a person with the object of eliminating past and future damage. In conclusion one can summarize the difference between “damage” and “damages” as the causal link to the chain of events and the liability arising from such an act in monetary value to the advantage of the injured party. 1.2. There are two remedies available for damage caused by Animals, and those are namely: a) Actio de pauperie b) Actio de Pastu a) Actio de pauperie - The prejudiced person may claim damages from the owner of a domestic animal which has caused damage. - Fault on the part of the owner is not a requirement for liability - The defendant must be the owner - “By our law, therefore, the owner of a dog that attacks a person who was lawfully at the place where he was injured, and who neither provoked the attack nor by his negligence contributed to his own injury, is liable, as owner, to make good the resulting damage” ( per Innes CJ in O’Callaghan v Chaplin 1927 AD 310 at 329)