Question 1
a) Delictual damages refer to a claim for compensation from another person for
harm suffered. The difference between delictual damages and contractual
damages are the following:
Delictual damages:
They
...
Question 1
a) Delictual damages refer to a claim for compensation from another person for
harm suffered. The difference between delictual damages and contractual
damages are the following:
Delictual damages:
They have a general obligation imposed by law.
Compensation is for monetary or sentimental loss.
Fault is normally the basis of liability.
You can claim for pain and suffering.
Contractual damages:
The obligation derives from an agreement between the parties.
Compensation is for the breach of contract.
Proof of fault is not required.
You cannot claim for pain and suffering under contractual damages.
These are the main differences between delictual damages and contractual
damages. The main object of a contractual action is either to enforce the
contractual obligation or to obtain damages for breach of contract, this is
different from delict.
b) Section 24 of the Copyright Act 98 of 1978 sets out civil remedies. It provides
for copyright holders to recover damages from an infringer, or as an alternative,
a reasonable royalty. According to our law, a copyright holder can recover as
damages the losses he has suffered as a result of an infringement. This makes
it, at times, impossible for the copyright holder to claim for things such as lost
sales or lost revenue caused by the infringement. I believe that section 24(3)
simply aims to address that problem and does not necessarily seek to introduce
punitive damages.
Section 24(3) provides, “Where in an action under this section an infringement
of copyright is proved or admitted and the court having regard, in addition to all
other material considerations,
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