Law of Damages
(LPL4802) Exam
Summary Notes.
Law of Damages (LPL4802)
The law of damages is that part of the law which indicates how the existence and
... [Show More] extent of damage, as well as
the proper amount of damages or satisfaction, are to be determined in the case of delict, breach of contract or
some other juristic fact providing for the payment of damages (for instance, legislation or insurance).
This subject consists of four main parts
the general principles regarding damage and compensation
the measure of damages in the law of contract
the measure of damages in the law of delict
certain procedural and other general matters
When contracts are concluded and delicts are committed, the need to compensate damage is often paramount. It
follows that an infinite variety of persons may benefit from a working knowledge of the legal principles expounded
in this subject. Persons in the legal profession, insurance industry, commerce, banking, advertising, medicine and
accounting, are just a small number of those persons who come to mind.
Damages
How damages are calculated
If you suffer injury, loss or damage as a result of someone else's action or failure to act,
you may claim damages or compensation from that person (the defendant) if you can
prove that he or she committed:
A breach of contract; or
A civil wrong (delict) such as personal injury or defamation. In delict, the law
imposes duties on everyone, whereas in contract the parties themselves make
their own rules, which are binding on them alone. Generally, damages are aimed
at putting you in the same position you would have been in had the breach of
contract or civil wrong not occurred. Although most claims for damages are
settled without the case going to court, a settlement is usually negotiated on the
basis of what a court would be likely to award if it did have to make a ruling. The
measure of damages depends on the type of claim:
BREACH OF CONTRACT Damages for breach of contract, such as buying and selling,
are awarded on the principle that, through payment, the injured party must be placed in
the same financial position he or she would have been in had the contract been properly
performed.
INJURY Generally, damages for injury arising out of delict (civil wrong) denote the
difference between the present financial state of the plaintiff and the state he or she
would have been in had the delict not taken place. The damages cover actual loss,
probable future loss, and compensation for pain and disability. (Seebreach of contract.)
DEFAMATION Where the plaintiff's personality has been impaired (as in defamation),
compensation damages may be awarded for the resultant insult, indignity and suffering.
(See defamation.)
General principles
Damages are awarded in one lump (monetary) sum; the court cannot order periodic
payments to be made. Furthermore, only one award c [Show Less]