Department of Private Law
LAW OF DAMAGES
Compiled by
Prof L Steynberg
Study Guide 1 for
LPL409G
University of South Africa
Pretoria
© 2010 University of Suid-Afrika
iii LPL409G
INDEX
page
Beforehand iv
Introduction v
Study unit 1 : Definition, nature and scope, object, systematics, sources, history, 1
and terminology of the law of damages
Study unit 2 : The concept of damage 3
Study unit 3 : The nature, causing and forms of patrimonial loss 6
Study unit 4 : The assessment of patrimonial loss 8
Study unit 5 : The nature and assessment of non-patrimonial loss 11
Study unit 6 : Prospective damage and "lucrum cessans" 13
Study unit 7 : The "once and for all" rule and causes of action 15
Study unit 8 : The nature, assessment, object and form of damages for patrimonial loss 18
Study unit 9 : The forms, nature and object of damages and satisfaction in the
case of non-patrimonial loss (injury to personality) 20
Study unit 10 : The nature, assessment, object and form of damages for patrimonial loss 22
Study unit 11 : Miscellaneous principles regarding recovery of damages and
satisfaction 25
Study unit 12 : Quantum of damages in specific cases of breach of contract 27
Study unit 13 : The quantum of damages for patrimonial loss caused by certain
forms of delict 30
Study unit 14 : The quantum of damages for patrimonial loss caused by bodily
injury or death 32
Study unit 15 : Quantum of damages and satisfaction for non-patrimonial loss
(injury to personality) 34
Study unit 16 : Procedural matters in the law of damages 38
iv LPL409G
BEFOREHAND
Welcome to the Law of Damages. The Law of Damages is that part of the law which deals
with the existence and extent of damage, and how the proper amount of damages or
satisfaction are to be determined in the case of delict, breach of contract or other legal
principles providing for the payment of damages (eg legislation or insurance).
This tutorial letter contains the study guide for your module in the Law of Damages. In this
study guide we will tell you which of the sections of the prescribed books and the court
decisions you must study.
You will note that the study guide divides the study material into 16 study units. This is to help
you work through your module systematically.
PLEASE NOTE: Information on the assignment, admission to the examination, the
examination itself, and communication with the University is given
in Tutorial Letter 101 which you already have. First make a
thorough study of Tutorial Letter 101 before you start reading this
study guide.