key to the study guide - Name

Action for damages
basedonbreachof
contract
He or she can also claim damages for breach of contract from the ``guilty''
party and can claim satisfaction for personality infringement, based on the
delict iniuria.
ACTIVITY
Read pages 13±15 of your prescribed textbook and then draw a distinction
between the action for damages and the action for satisfaction.
FEEDBACK
ACTION FOR DAMAGES ACTION FOR SATISFACTION
This is the action that can be instituted
by an injured party where he or she
must be compensated for patrimonial
loss he or she has suffered
Patrimonial loss is loss which diminishes
your estate
This is the action that can be instituted
by an injured party where he or she
must be compensated for non-patrimonial
loss he or she has suffered
Non-patrimonial loss is loss which does
not diminish your estate, but which
affects your person or personality
Take care not to confuse the claim for damages for breach of contract
(breach of promise) and the claim for satisfaction for iniuria. In Guggenheim
v Rosenbaum the court decided that a clear distinction must be drawn
between these two claims, which may be brought in the same action.
These two claims will be dealt with separately below in the discussion of
the consequences of the termination of the engagement. You must study
the discussion of Guggenheim v Rosenbaum in your prescribed textbook on
pages 13, 14 and 15 and prescribed casebook on pages 11±18.
5 THE CONSEQUENCES OF TERMINATION OF THE ENGAGEMENT
Under the consequences of the termination of the engagement the action
for damages based on breach of promise, satisfaction for personality
infringement and the return of the engagement gifts, are discussed on
pages 13±16 of the textbook.
In respect of the action for damages based on breach of contract, you must
firstly note that the damages awarded are sui generis. In other words,
damages for breach of promise are awarded differently from the way in
which they are awarded in the case of other contracts.
When ordinary contracts are breached, the damages awarded are
calculated on the basis of positive interest. Make sure that you know
precisely what this means. In the case of breach of engagement, however,
the damages awarded are calculated on the basis of both positive and
negative interest. That, in the case of breach of the contract of
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