*NURSING > A-Level Question Paper > LPL4802 PORTFOLIO EXAM (All)

LPL4802 PORTFOLIO EXAM

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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: Delictu... al 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, [Show More]

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