LPL4802 Exam May June Semester 1 2026 – Due 28 May 2026

R60.00
0 Downloads

LPL4802 Exam May June Semester 1 2026 – Due 28 May 2026

LPL4802
May/June 2026
QUESTION 1:
Read each statement carefully and state whether it is TRUE or FALSE. For each
answer, provide a brief justification of one to two (1-2) sentences explaining why the
statement is true or false. Each question carries 1 mark.

Question 1.1
Damages in South African law are primarily aimed at punishing the defendant for
wrongful conduct.

Question 1.2
All harm suffered by a plaintiff automatically qualifies as legally recognised damage.

Question 1.3
Patrimonial loss includes both actual loss (damnum emergens) and loss of profit
(lucrum cessans).

Question 1.4
Factual causation is determined by applying considerations of fairness and public
policy.

Question 1.5
Legal causation serves to limit liability by excluding losses that are too remote.

Question 1.6
Future loss cannot be claimed because it has not yet occurred at the time of trial.

Question 1.7
Non-patrimonial damages are calculated using precise mathematical formulas.

Description

LPL4802 Exam May June Semester 1 2026 – Due 28 May 2026

Where the plaintiff is partly responsible for their own damage, the claim is completely
excluded.

[10]

QUESTION 2:
Carefully read through the set of facts and then answer the questions that follow.
Mr Mokoena was a contract employee on a citrus farm and performed seasonal
work. On 20 July 2025, a group of employees attended a wedding in the nearby
town, Tzaneen. That evening they were given a lift on the back of an open bakkie to
return to the farm. Mr Mokoena had too much to drink and was standing on the back
of the bakkie singing and dancing. Mr Naki, the driver of the bakkie, had to swerve
at a 4-way crossing, to avoid crashing into another vehicle that did not heed the stop
sign. Mr Mokoena fell from the bakkie and was seriously injured and taken to a public
hospital by ambulance.
The doctor on duty at the hospital determined that he suffered the following injuries:
his left leg and left arm were fractured and he broke his ribs. Mr Mokoena was
hospitalised for 3 weeks. As Mr Mokoena was a seasonal worker, he was only paid
R350.00 once a week and could not return to the farm as a seasonal worker. Mr
Mokoena will need physiotherapy and occupational therapy after the accident to
help him recover so that he can work again. The physiotherapist indicated that he
would need five (5) therapy sessions at a cost of R750.00 per session, while the
occupational therapist recommended that he should come for one session per week
for seven (7) weeks. The occupational therapist charges R500.00 per session.
Mr Mokoena suffered severe pain and discomfort for a month after the accident. He
would like to institute a claim against the Road Accident Fund. His attorney advised

him to include a claim of R250 000 for the pain and suffering and another R250 000
for the physical injuries that he sustained.
Since the accident, Mr Mokoena has found employment as a security guard at a
school and now earns R500 per week.

2.1 Identify all the claims that Mr Mokoena may institute against the Road Accident
Fund (RAF). For each claim: Identify the claim, categorise the claim under the correct
heading, then indicate whether they are general or special damages and finally give
the amounts that he may claim. Provide all calculations where possible.
(24)
Your answer must be provided in the table format below. An example has been
provided.
NB: Marks will be deducted if the table format is not used. Show your
calculations, as marks will be awarded for these.