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LPL 4802law of damages notes 2022
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LPL 4802law of damages notes
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LESSON 1: Sources,History and Development of The Law of DamagesSOURCES, HISTORY AND DEVELOPMENT OF THE LAW
OF DAMAGES
NOTIONAL STUDY HOURS
7
NUMBER OF PLANNED SELF-REFLECTIVE ACTIVITIES
4
LESSON OUTCOMES
At the end of the lesson, students should be able to :
understand key concepts and terms used commonly throughout the study of the
law of damages
discuss the nature and scope of damages
explain the sources of claims of damages
discuss the development of damages within the South African legal system
Lesson 1 will require seven hours.
KEY CONCEPTS AND TERMS
Use the textbook and other credible sources to compile the meaning of the following key
concepts and terms that would be used throughout the study of the law of damages from
now until the end of the semester. It is important that you study these terms extensively, as
their knowledge and use imply a better understanding of this field of the law. Also refer to
the Multilingual Glossary provided under “Additional Resources” on the myUnisa module
site.
You will need to master the following key terms as part of achieving the
learning outcomes for this lesson:
,damage;
patrimonial loss;
patrimony;
non-patrimonial loss;
damage-causing event;
affective loss;
damages;
compensation;
satisfaction;
compensation for non-patrimonial loss;
solatium;
the sum-formula approach;
concrete concept of damage;
once and for all rule;
cause of action;
collateral benefits;
res inter alios acta;
general damages;
special damages;
nominal damages;
id quod interest;
,prospective loss;
positive interesse;
negative interesse;
discounting;
annuity;
contingencies;
limitation of liability.
1.1 INTRODUCTION
Welcome to your first lesson in the module. This lesson seeks to give you a general
overview of the nature and scope of the field of law. It goes without saying, that this is a
fourth-year level module, and as a result, it would require your highest levels of
concentration.
It is convenient to define the law of damages as that field of law that deals with the
creation, content and termination of obligations to pay damages and satisfaction to an
injured party, by the wrongdoer. Its scope entails the understanding of the rules and
principles from different branches of law (mercantile law, labour law, the law of contracts
and other legislation) in respect of the identification and payment of compensation to the
victim.
The object of the law of damages is not entirely different from its scope, in that it seeks to
establish logical and practical rules that should be used to solve problems with regard to
the determination, assessment and computation of damages where damage has occurred.
The sources of damages covered in this lesson include, among others, those that arise
from specific delictual remedies, liability without fault, legislation, breach of contract,
insurance and statutory as well as common law rights of recource. It is critical that
students understand these sources of claims as they form the backbone of the law of
damages. This lesson also covers some aspects of the history and development of the
South African law of damages.
Pages 1-25 of the PT (hereinafter referred to as the “Prescribed textbook”).
Keep your PT at hand as you work through the lessons as well as your Tutorial Letter 101.
We encourage you to also get yourself a good dictionary and keep it at hand, so that you
can constantly refer to it each time you come across difficult terms, the meanings of which
you may not always understand.
, Also refer to the Multilingual Glossary provided under “Additional Resources” on the
myUnisa module site. Lastly, you are encouraged to read, understand, and use the
information in the footnotes to support your arguments in answering questions in the
future.
1.2 DEFINITION OF THE LAW OF DAMAGES
There is no single uniform definition of the law of damages out there. However, it is crucial
to establish from the outset that the law of damages is largely a field of the law of
obligations.
The authors of your PT are of the view that it is the field of law that deals with the
existence, extent and the proper amount of damages that are awarded in each proven
case of a delict, breach of contract or any other legally accepted forms of damage (see
page 1 of the PT). It is critical that you read other sources and compare the definition in
your PT and establish for yourself, what you think best defines the law of damages. It may
be too early in your studies to start formulating your own definitions, nonetheless we
encourage you to do the same as it enhances your understanding of this exciting module.
1.3 NATURE AND SCOPE OF THE LAW OF DAMAGES
The law of damages delineates the content of an obligation to pay damages and or
satisfaction. Like any other field of law, you have studied thus far, it will always be
impossible to demarcate with surgical precision, the boundaries between the law of
damages and other closely related fields of law.
1.4 THE OBJECT AND SYSTEM OF THE LAW OF
DAMAGES
Read page 4 of the PT.
1.5 SOURCES OF THE LAW OF DAMAGES
On pages 6-9 of the PT, the authors deal with delict, contracts and legislation, as forming
the basis of the law of damages, alternatively as the sources of claims for damages and
satisfaction.
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