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PVL3703 ASSIGNMENT 1 MEMO 2021 SUPER SEMESTER UNISA

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Read the judgment in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA) and write a discussion of 500-1000 words. You can find the judgment in conventional law libraries, or online by conducting a google search or at the website of the Southern African Legal Information Institute (SAFLII) at . (a) Discuss what the Supreme Court of Appeal decided in respect of the element of wrongfulness only in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA). In other words, we expect you to explain how the Supreme Court of Appeal came to the conclusion that the Municipality’s conduct was not wrongful. Please note that no marks will be awarded for providing the background facts of the case, Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA) unless they are relevant to your discussion under point (a) above. (b) Compare the court’s decision with that of Neethling and Potgieter (the prescribed book, the Law of Delict) on how wrongfulness should be established. Here we expect you to briefly lay out the manner in which Neethling and Potgieter recommend that wrongfulness should be established, particularly in cases of omissions. With regard to the comparison, you must point out any similarities between the Supreme Court of Appeal’s principles in establishing wrongfulness and Neethling and Potgieter’s principles in establishing wrongfulness. You must also point out any marked differences if any.

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PVL3703
LAW OF DELICT
UNISA
2021

ASSIGNMENT NUMBER 2
DUE DATE:11 JUNE 2021
UNIQUE NUMBER: 787907

, 1. Which is the odd one out?


1. Liability for pure economic loss.
2. The actio de pauperie.
3. The actio de pastu.
4. Vicarious liability.




2. Which one of the following cases was a trend-setting judgment on necessity,
although aspects of the judgment may need to be revisited in the current constitutional
dispensation?
1. Kruger v Coetzee 1966 2 SA 428 (A).
2. First National Bank of South Africa Ltd v Duvenhage 2006 5 SA 319 (SCA).
3. S v Goliath 1972 3 SA 1 (A).
4. Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as
amicus curiae) 2003 1 SA 389 (SCA).




3. The most suitable remedy for the prevention of harm is...
1. The actio legis Aquiliae.
2. Mitigation of loss.
3. The actio de effusis vel deiectis.
4. The interdict.




4. If a court must determine whether a brain surgeon was negligent while performing
brain surgery on a patient, the court will inquire whether he met the standard of care
of:


1. The reasonable person.
2. The reasonable brain surgeon.

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