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SCL1501 Assignment 1 Semester 1 2026 (Answer Guide) - DUE March
2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .......................................................................................................................................... 2
(a) Differences between Civil Law and Criminal Law (10 marks) ........................................ 2
(b) Applicable Area of Law to the Damage Caused by X to Y’s Livestock (3 marks)..... 3
(c) Parties to a Criminal Case and How They Differ from a Civil Case (2 marks) ........... 3
QUESTION 2................................................................................................................................4
Scenario Overview .................................................................................................................4
2.1 Can Mr Xulu appoint an attorney to represent him in the Small Claims Court? (5
marks) ......................................................................................................................................4
2.2 How matters are settled in the Small Claims Court (10 marks) ..................................5
QUESTION 3................................................................................................................................6
3.1 Loan to Purchase a Mercedes Benz (6 marks) .............................................................6
3.2 Investment of R150 000 at 15% Interest per Annum for Two Years (4 marks) .........7
REFERENCES .............................................................................................................................7
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QUESTION 1
(a) Differences between Civil Law and Criminal Law (10 marks)
Civil law and criminal law are two distinct branches of law that differ in purpose, parties
involved, procedures, and outcomes.
Purpose
Civil law is primarily concerned with resolving disputes between private individuals or
entities. Its main aim is to provide compensation or another form of remedy to a person
whose rights have been infringed. Criminal law, on the other hand, focuses on conduct
that is regarded as harmful to society as a whole and aims to punish offenders and
maintain public order (Snyman, 2020).
Nature of the Wrong
In civil law, the wrong is usually a private injury, such as breach of contract, delict (tort),
or property damage. In criminal law, the wrong is considered a crime against the state
and society, such as theft, assault, or fraud (Hosten et al., 2018).
Parties Involved
Civil cases are brought by a private individual (the plaintiff) against another individual or
entity (the defendant). Criminal cases are instituted by the state, represented by the
prosecution, against an accused person (Burchell, 2016).
Standard of Proof
The standard of proof in civil law is lower and is based on a balance of probabilities. In
criminal law, the state must prove the accused’s guilt beyond reasonable doubt, which
is a much stricter standard (Snyman, 2020).
Outcome
Civil law remedies usually involve compensation (damages), restitution, or specific
performance. Criminal law outcomes involve punishment, such as imprisonment, a fine,
or a suspended sentence (Hosten et al., 2018).
SCL1501 Assignment 1 Semester 1 2026 (Answer Guide) - DUE March
2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
QUESTION 1 .......................................................................................................................................... 2
(a) Differences between Civil Law and Criminal Law (10 marks) ........................................ 2
(b) Applicable Area of Law to the Damage Caused by X to Y’s Livestock (3 marks)..... 3
(c) Parties to a Criminal Case and How They Differ from a Civil Case (2 marks) ........... 3
QUESTION 2................................................................................................................................4
Scenario Overview .................................................................................................................4
2.1 Can Mr Xulu appoint an attorney to represent him in the Small Claims Court? (5
marks) ......................................................................................................................................4
2.2 How matters are settled in the Small Claims Court (10 marks) ..................................5
QUESTION 3................................................................................................................................6
3.1 Loan to Purchase a Mercedes Benz (6 marks) .............................................................6
3.2 Investment of R150 000 at 15% Interest per Annum for Two Years (4 marks) .........7
REFERENCES .............................................................................................................................7
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QUESTION 1
(a) Differences between Civil Law and Criminal Law (10 marks)
Civil law and criminal law are two distinct branches of law that differ in purpose, parties
involved, procedures, and outcomes.
Purpose
Civil law is primarily concerned with resolving disputes between private individuals or
entities. Its main aim is to provide compensation or another form of remedy to a person
whose rights have been infringed. Criminal law, on the other hand, focuses on conduct
that is regarded as harmful to society as a whole and aims to punish offenders and
maintain public order (Snyman, 2020).
Nature of the Wrong
In civil law, the wrong is usually a private injury, such as breach of contract, delict (tort),
or property damage. In criminal law, the wrong is considered a crime against the state
and society, such as theft, assault, or fraud (Hosten et al., 2018).
Parties Involved
Civil cases are brought by a private individual (the plaintiff) against another individual or
entity (the defendant). Criminal cases are instituted by the state, represented by the
prosecution, against an accused person (Burchell, 2016).
Standard of Proof
The standard of proof in civil law is lower and is based on a balance of probabilities. In
criminal law, the state must prove the accused’s guilt beyond reasonable doubt, which
is a much stricter standard (Snyman, 2020).
Outcome
Civil law remedies usually involve compensation (damages), restitution, or specific
performance. Criminal law outcomes involve punishment, such as imprisonment, a fine,
or a suspended sentence (Hosten et al., 2018).
