Visser & Potgieter: Law of Damages

Product Details:
Author(s):
Floyd, TB ,
Potgieter, JM and
Steynberg, L
Year Published:
2012
Edition
3rd Edition
Type:
Print | Soft Cover
Language:
English
About this publication
Visser & Potgieter Law of Damages is the only South African textbook to focus on the law relating to damages as it extends across a range of legal fields, beginning with the law of delict and contract, but including other areas of common and statutory law. It provides a comprehensive introduction to the principles of the law of damages. The book’s approach is to maintain a balance between theory and practice, offering a sound exposition of the principles as well as a consideration of how they are applied in practice. Abundant references to decided cases illustrate the views adopted by the courts, and a very extensive bibliography facilitates further research.
Review of the second edition in 2003 SALJ 903 at 904:
‘The book is exceptionally well researched and written. It is also very accessible, with a useful chapter on definition and terminology as well as an extensive bibliography, tables of cases and legislation, and a comprehensive index. The work addresses approximately 2 000 cases, including 180 cases decided since the first edition. While I cannot speak for damages in the area of contract, almost every major case involving damages in the area of delict in the last decade is referred to and given some treatment.’
Content
Part 1: General concepts and principles of the law of damages
– Definition, nature and scope, object, systematics, sources, history and terminology of the law of damages
– The concept of damages
– The nature, causing and forms of patrimonial loss
– The assessment of patrimonial loss
– The nature and assessment of non-patrimonial loss (injury to personality)
– Prospective damage and lucrum cessans
– The ‘once and for all’ rule and causes of action
– The nature, assessment, object and form of damages for patrimonial loss
– The forms, nature and object of damages and satisfaction in the case of non-patrimonial loss (injury to personality)
– The collateral source rule and compensating advantages (res inter alios acta)
– Miscellaneous principles regarding recovery of damages and satisfaction
Part 2: Damages in specific cases of breach of contract
Part 3: Damages and satisfaction in certain forms of delict
– The quantum of damages for patrimonial loss caused by certain forms of delict
– The quantum of damages for patrimonial loss caused by bodily injury, death or the infringement of personality rights
– The quantum of damages and satisfaction for non-patrimonial loss (injury to personality)
Part 4: Procedural matters, costs etc, and private international law
Table of cases
Table of statutes
Bibliography
Index
Interest / Benefit to
Legal practitioners
Students
Academics