LPL4802 – LAW OF DELICT PRACTICE
EXAM AND STUDYGUIDE LATEST
2026 QUESTIONS AND CORRECT
DETAILED ANSWERS
Delict - CORRECT ANSWER (S) -Wrongful conduct
The act of a person which in a wrongful and culpable way causes loss,
damage to another.
Requirements of Delict - CORRECT ANSWER (S) -Act. Wrongfulness.
Fault. Causation. Damage
,Delict versus Crime - CORRECT ANSWER (S) -Delict- protects public
interest. The aggrieved party institutes the action. Objective- claim
damages as compensation. No attempted Delict
Crime - CORRECT ANSWER (S) -Protects public interest. State
prosecutes. Punish the criminal. Can have attempted crime.
Conduct - CORRECT ANSWER (S) -Voluntary human commission or
omission
Wrongfulness - CORRECT ANSWER (S) -For a liability to follow an act
prejudice must be caused in a wrongful or unreasonable manner.
Without wrongfulness defendant cannot be held liable.
,Liability for an omission - CORRECT ANSWER (S) -Liability follows when
the omission was in fact wrongful, where a legal duty rested on the
defendant to act positively to prevent harm from occurring and he
failed to comply with that duty.
Fault - CORRECT ANSWER (S) -Legally blameworthy for having acted
wrongfully or did not conform to the standard of care required by law
and thus caused damage through negligence. Fault - intention and
negligence
Causal connection - CORRECT ANSWER (S) -Between the act of the
defendant and damage suffered by the plaintiff. The act must have
caused the damage or loss.
, Damage - CORRECT ANSWER (S) -The plaintiff must have suffered
damage. Damage can take two forms. Patrimonial loss - Damnum iniuria
datum, that is the reduction of financial power or injury to personality -
iniuria the infringement of an aspect of personality - good name.
Elements of Conduct - CORRECT ANSWER (S) -Human act - even if an
animal is used
Human act is present. A juristic person can act through its agents and
be held delictually liable for its actions
Gijzen - CORRECT ANSWER (S) -Can occur without there being an act on
the part of the defendant in the case of land subsistence cases. Such an
act must be wrongful. An act and its consequences may be separated
from each other, but there always has to be an act.
EXAM AND STUDYGUIDE LATEST
2026 QUESTIONS AND CORRECT
DETAILED ANSWERS
Delict - CORRECT ANSWER (S) -Wrongful conduct
The act of a person which in a wrongful and culpable way causes loss,
damage to another.
Requirements of Delict - CORRECT ANSWER (S) -Act. Wrongfulness.
Fault. Causation. Damage
,Delict versus Crime - CORRECT ANSWER (S) -Delict- protects public
interest. The aggrieved party institutes the action. Objective- claim
damages as compensation. No attempted Delict
Crime - CORRECT ANSWER (S) -Protects public interest. State
prosecutes. Punish the criminal. Can have attempted crime.
Conduct - CORRECT ANSWER (S) -Voluntary human commission or
omission
Wrongfulness - CORRECT ANSWER (S) -For a liability to follow an act
prejudice must be caused in a wrongful or unreasonable manner.
Without wrongfulness defendant cannot be held liable.
,Liability for an omission - CORRECT ANSWER (S) -Liability follows when
the omission was in fact wrongful, where a legal duty rested on the
defendant to act positively to prevent harm from occurring and he
failed to comply with that duty.
Fault - CORRECT ANSWER (S) -Legally blameworthy for having acted
wrongfully or did not conform to the standard of care required by law
and thus caused damage through negligence. Fault - intention and
negligence
Causal connection - CORRECT ANSWER (S) -Between the act of the
defendant and damage suffered by the plaintiff. The act must have
caused the damage or loss.
, Damage - CORRECT ANSWER (S) -The plaintiff must have suffered
damage. Damage can take two forms. Patrimonial loss - Damnum iniuria
datum, that is the reduction of financial power or injury to personality -
iniuria the infringement of an aspect of personality - good name.
Elements of Conduct - CORRECT ANSWER (S) -Human act - even if an
animal is used
Human act is present. A juristic person can act through its agents and
be held delictually liable for its actions
Gijzen - CORRECT ANSWER (S) -Can occur without there being an act on
the part of the defendant in the case of land subsistence cases. Such an
act must be wrongful. An act and its consequences may be separated
from each other, but there always has to be an act.
