In previous notes, we looked at the various damages claims which may be instituted under South African law. For ease of reference, the types of damages which may be claimed are:
• Contractual damages;
• Delictual damages;
• Statutory damages; and
• Constitutional damages.
In these no...
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1. Introduction
In previous notes, we looked at the various damages claims which may be
instituted under South African law. For ease of reference, the types of damages
which may be claimed are:
• Contractual damages;
• Delictual damages;
• Statutory damages; and
• Constitutional damages.
In these notes, we will be drafting particulars of claim wherein we will be claiming
damages from the defendant arising from its breach of a contract (contractual
damages). A template of the drafted particulars of claim can be found under
heading 11.
Please note that we will not be drafting the summons component of the combined
summons, but rather only the particulars of claim. We have already drafted and
discussed the summons in depth. For more information thereon, check out our
earlier notes.
2. Brief summary of facts giving rise to the plaintiff’s claim
The plaintiff is a landlord who leased commercial property to the defendant in
terms of a written agreement of lease.
For the purposes of our particulars of claim, the most important terms of the lease
agreement are as follows:
• The lease would be for a period of 1 year, commencing on 1 January 2021
and terminating on 31 December 2021; and
• The defendant would be responsible for the reinstatement of the premises
and all costs associated therewith before vacating same on the
termination date.
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The rest of the terms will be made up as we go along.
During the subsistence of the lease, the defendant breached the agreement by
failing to pay the rental and associated costs such as utilities.
As a result of the defendant’s breach, the plaintiff elected to cancel the lease
agreement on 1 November 2021.
Despite the plaintiff’s cancellation of the lease agreement, the defendant
remained in occupation of the premises until 31 March 2022.
The defendant did not reinstate the premises and as a result, the plaintiff had to
do so at its own expense.
The defendant has since settled the arrear rental and associated costs due to
the plaintiff in terms of the lease agreement.
The plaintiff now wants to claim damages. Can you tell me why the plaintiff would
be entitled to damages?
Well done if you got it right, but to answer the question, the plaintiff suffered the
following damages:
• Costs for the reinstatement of the premises; and
• Damages as a result of the defendant’s holding over of the premises after
the plaintiff cancelled the lease agreement. This is known as holding over
damages.
Let’s give the particulars of claim a bash.
3. The heading, parties’ citation and jurisdiction
As always, we will insert the heading “PARTICULARS OF CLAIM”.
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