A claim for damages is a financial claim that is instituted to compensate a plaintiff as a result of a loss-causing event that occurred due to the fault of a defendant.
In South Africa, there are a few broad types of damages a litigant can claim depending on the circumstances of the matter and n...
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1. What is a claim for damages?
A claim for damages is a financial claim that is instituted to compensate a plaintiff
as a result of a loss-causing event that occurred due to the fault of a defendant.
In terms of our law, a plaintiff may not claim punitive damages from a defendant,
as this is seen as being contrary to public policy. A plaintiff is only entitled to the
damages that he can prove he’s suffered. In some circumstances, a plaintiff may
claim constitutional damages, but we will touch on this shortly.
Damages are claimed due to a loss of some sort by the plaintiff which is caused
by the defendant. The loss in question can either be financial in nature
(pecuniary) or non-financial (non-pecuniary).
Pecuniary loss:
• Damages which are quantifiable.
• Examples:
o Hospital, medical and related expenses;
o Vehicle repair costs; and
o Reinstatement costs.
Non-pecuniary loss:
• Not as easily quantifiable. The nature of non-pecuniary loss makes it
difficult to assess or calculate damages in monetary terms.
• Examples:
o Pain and suffering; and
o Shock and trauma.
A claim for damages may be instituted by a plaintiff:
• In the event of a breach of contract;
• In the event that the defendant has committed a delict against the plaintiff;
or
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• Where there has been a breach of a statute that provides for an award of
damages or compensation in the event of such a breach.
2. What types of damages can I claim?
In South Africa, there are a few broad types of damages a litigant can claim
depending on the circumstances of the matter and nature of the breach. These
are:
• Contractual damages;
• Delictual damages;
• Statutory damages; and
• Constitutional damages.
3. Contractual damages
Contractual damages are those which stem from the breach of a contract. There
are three broad categories of remedies available to a plaintiff in the event of
breach of contract by a defendant:
• Remedies aimed at keeping the contract alive;
• Remedies aimed at cancelling the contract; and
• Remedies aimed at compensating the plaintiff for loss or harm caused by
the breach.
A claim for contractual damages is a remedy in the third category serving a
compensatory function.
Take note however, that damages for breach of contract may also be claimed
without cancelling the contract.
A claim for contractual damages may also be coupled with a claim for specific
performance of the contract.
To successfully claim contractual damages, a plaintiff must show that:
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