Iii Damages for pure economic loss in the context of a delict because of the fault (whether intentionally or negligently) of the defendant.that caused 4 harm, 5 in the form of damage or loss 6 to the plaintiff.the defendant must have committed an act or an actionable omission.The following elements must be present to successfully claim damages as a result of a delict:
penalty clauses: parties may also agree that a liquidated (pre-calculated) amount of damages or an agreed penalty amount may become payable in the event of a breach of contract.limitation clauses: parties may agree that any claim for damages, because of a breach of contract, is limited to a specific amount (such as the amount of the contract price) and.Examples of such variations that may affect a claim for damages as a result of a breach of contract are:
#Masstores zacc free
In addition to the above automatic remedy, parties are also free to agree to terms that vary their common law rights, insofar as such variation is lawful.
Under the South African law of contract, a claim for damages may also be coupled with a claim for specific performance of the contract. To successfully claim damages, a plaintiff must show that a contract exists or existed the contract was breached by the defendant and the plaintiff suffered damage (loss) as a result of the defendant's breach. Under South African common law, an automatic remedy that stems from a breach of contract is a claim for damages against the breaching party, in the hands of an innocent party. Accordingly, the law of damages in South Africa is subject to change. It should be noted, however, that the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa each have the inherent power to develop common law, taking into account the interests of justice. In the context of a delict, claims for pure economic (financial) loss, with no accompanying harm to an individual's person or property, are only available in limited circumstances.A plaintiff is only entitled to the damages that he or she can prove that he or she has suffered or will suffer. South African law does not allow a plaintiff to claim punitive damages from a defendant, as this is seen as being contrary to public policy.Although consequential damages are awarded in some cases (unless excluded by the parties in a contract or otherwise), these will only be awarded it they are not deemed to be too remote. Damages claimed under South African law can be patrimonial (pecuniary) or non-patrimonial and can also include prospective damages.When dealing with a claim for damages, it is particularly important to note the following:
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Because of the fact that these cases inevitably involve disputes of fact between the parties, they are always brought by way of action proceedings (as opposed to motion proceedings) and culminate in a trial where evidence is led. In addition, the Constitution provides that when deciding a constitutional matter, South African courts are authorised to make any order that is 'just and equitable' this may, notionally, include an award for damages in the event of the breach of a Constitutional right.Įach of these causes of action require that certain elements must be proven. Under South African law, claims for damages are financial claims that are brought to compensate a plaintiff as a result of a loss-causing event that occurred because of the fault of the defendant.Ī claim for damages may be instituted by a plaintiff: in the event of a breach of contract in the event that the defendant has committed a delict (tort) against the plaintiff or where there has been a breach of a statute that provides for an award of damages or compensation in the event of such a breach.
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