Damage

Question 1

Define damage

Answer 1

Damage is the detrimental impact upon patrimonial or personality interests deemed worthy of protection by the law

Question 2

Define patrimonial loss

Answer 2

The detrimental impact upon a person’s patrimonial interest deemed worthy of protection by the law.
The decrease or reduction in value of a positive aspect in someone’s patrimony or the creation or increase of a negative element of someone’s patrimony (patrimonial debt)

Question 3

Sum-formula approach

Answer 3

Method of determining patrimonial loss and consists of the negative difference between a person’s actual patrimonial position after the event complained of and the hypothetical patrimonial position he would have occupied had the event not taken place. Makes provision for prospective losses, loss of profit and other forms of damage. Recognised by SCA

Question 4

Concrete concept of damages

Answer 4

Compares the patrimonial position of the plaintiff before the event complained of and thereafter (no hypothetical position) and the damage is the difference. In accordance with actual legal practice. Submitted that the concrete approach should be used, unless it relates to prospective loss, loss of profit or damage for negligent misrepresentation.

Question 5

Time for the assessment of damages

Answer 5

Current authority - the date on which the delict is committed is the decisive moment when damages must be assessed (including future losses)
Reason - date on which the first harm manifests is when all the elements of a delict is present
Doesn’t mean the full extent of the damages should have occurred
Damages between commission of delict and date of trial are also taken into account.

Question 6

Personality interests for which non-pecuniary loss can be claimed

Answer 6

Physical-mental integrity
Liberty
Reputation
Dignity
Privacy
Identity
Feelings