PVL 3703 MCQ Memo Bundle
2020/02
1. Absolute compulsion is one of the conditions that may cause a person’s behaviour
to be involuntary and hence not to qualify as conduct for the purpose of delictual
liability. In which one of the following instances is Y subject to absolute compulsion?
1. X points a gun at Y and orders Y to damage Z’s motor vehicle. In order to save his
own life, Y dents Z’s motor vehicle.
2. Y suffers an epileptic fit while driving his motor vehicle and in the process smashes
into Z’s motor vehicle.
3. Y is ‘blind drunk’ and lies on the sidewalk, making involuntary movements with his
arms and legs. Z’s motor vehicle is parked next to Y and Y’s involuntary movements
cause a dent in Z’s motor vehicle.
4. X pushes a baseball bat into Y’s hand and then, without Y being able to offer
resistance, X takes hold of Y’s hand and forces it to cause a dent on Z’s motor vehicle.
Answer: 4; see Neethling and Potgieter p 27 (fn 21).
2. Which of the following best describes what is meant by “psychological lesion”?
1. Emotional shock.
2. Negligent misrepresentation.
3. Pure economic loss.
4. Infringement of the right to identity.
Answer: 1; see Neethling and Potgieter 300.
3. Which one of the following qualifies as private defence?
,1. John’s vicious dog charges to attack Zain. To protect himself, Zain picks up a
baseball bat and gives the dog a blow to the head.
2. Brian threatens Wilma with a knife and robs her of her cell phone. After three
months, Wilma sees Brian at a shopping centre and reacts by stabbing Brian with a
high heeled shoe.
3. A child points a firearm at you and you grab his arm to prevent him from shooting
you. The child sustains injuries to his arm.
4. A police officer arrests Liam in the execution of a legitimate warrant of arrest. Liam
resists the arrest. He jabs the policeman, cracking one of the policeman’s ribs, in an
attempt to escape.
Answer: 3; see Neethling and Potgieter 88-97.
4. Neil is chased by a fierce Jersey bull and jumps onto Conrad’s scooter, which is
parked next to the road, in order to race away and save his own life. The scooter is
damaged and Conrad institutes a delictual claim against Neil. Neil may raise the
following ground of justification:
1. private defence.
2. necessity.
3. provocation.
4. official capacity.
Answer: 2; see Neethling and Potgieter 97-102.
5. Carl, seventeen, left his PlayStation in his locker at school. James, fifteen, wants to
steal Carl’s PlayStation. He realises that he would have to damage Carl’s locker in
order to get the PlayStation. In respect of the damage to the locker, James has:
1. dolus directus.
2. dolus indirectus.
3. dolus eventualis.
4. none of the above.
Answer: 2; see Neethling and Potgieter 133.
,6. Greater Johannesburg Transitional Metropolitan Council v ABSA Bank Ltd 1997 (2)
SA 591 (W) dealt with:
1. contributory intention.
2. contributory negligence.
3. consent to injury.
4. consent to the risk of injury.
Answer: 1; see Neethling and Potgieter 169.
7. Joseph plays tennis in his back yard. He foresees the possibility of his ball breaking
a window in his neighbour’s house, but decides that it will not happen. If the ball indeed
breaks the window, Joseph had the following in respect of the damage:
1. dolus indeterminatus.
2. dolus eventualis.
3. dolus indirectus.
4. luxuria.
Answer: 4; see Neethling and Potgieter 134.
8. Gawie and Manie are farming on adjacent properties. Gawie bears a grudge against
Manie. He sets up a device, which causes a loud bang every half an hour, on the
common boundary between the two farms, near Manie’s homestead. As a result of
this, Manie and his family cannot sleep at night and are irritated by day. Manie asks
Gawie to dismantle the device, but Gawie says that the device serves the purpose of
scaring baboons away from his orchards. Which delictual remedy may be available to
Manie?
1. The actio de pauperie.
2. The actio de feris.
3. The interdict.
4. The actio de effusis vel deiectis.
Answer: 3; see Neethling and Potgieter 269.
, 9. Jacob, an employee of Zanele, was on route to Rustenburg delivering bread when
he accidentally skipped a red robot and crashed into Dineo’s car. If Dineo successfully
sues Zanele (as the employer) for the damage to his car, Zanele will incur:
1. joint and several liability.
2. liability based on negligence.
3. vicarious liability.
4. risk liability.
Answer: 3; see Neethling and Potgieter 389-390.
10. Jonas threatens Lerato with a gun and orders her to hand over her cellphone.
Lerato, in fear of her life, hands over the cellphone. One week later, Lerato spots Jonas
at a nearby shopping centre. Lerato rushes home and grabs a knife. She returns to
the shopping centre and stabs Jonas. Jonas wants to institute a delictual action
against Lerato. Lerato may rely on the following ground of justification:
1. necessity.
2. provocation.
3. private defence.
4. none of the above.
Answer: 4; see Neethling and Potgieter 99; 106; 91.
2020/06
2020-06-ASS
Question 1
1. Which one of the following conditions may amount to automatism?
1. Provocation.
2. Self-defence.
3. Black-out.
4. Necessity.
Question 4
2020/02
1. Absolute compulsion is one of the conditions that may cause a person’s behaviour
to be involuntary and hence not to qualify as conduct for the purpose of delictual
liability. In which one of the following instances is Y subject to absolute compulsion?
1. X points a gun at Y and orders Y to damage Z’s motor vehicle. In order to save his
own life, Y dents Z’s motor vehicle.
2. Y suffers an epileptic fit while driving his motor vehicle and in the process smashes
into Z’s motor vehicle.
3. Y is ‘blind drunk’ and lies on the sidewalk, making involuntary movements with his
arms and legs. Z’s motor vehicle is parked next to Y and Y’s involuntary movements
cause a dent in Z’s motor vehicle.
4. X pushes a baseball bat into Y’s hand and then, without Y being able to offer
resistance, X takes hold of Y’s hand and forces it to cause a dent on Z’s motor vehicle.
Answer: 4; see Neethling and Potgieter p 27 (fn 21).
2. Which of the following best describes what is meant by “psychological lesion”?
1. Emotional shock.
2. Negligent misrepresentation.
3. Pure economic loss.
4. Infringement of the right to identity.
Answer: 1; see Neethling and Potgieter 300.
3. Which one of the following qualifies as private defence?
,1. John’s vicious dog charges to attack Zain. To protect himself, Zain picks up a
baseball bat and gives the dog a blow to the head.
2. Brian threatens Wilma with a knife and robs her of her cell phone. After three
months, Wilma sees Brian at a shopping centre and reacts by stabbing Brian with a
high heeled shoe.
3. A child points a firearm at you and you grab his arm to prevent him from shooting
you. The child sustains injuries to his arm.
4. A police officer arrests Liam in the execution of a legitimate warrant of arrest. Liam
resists the arrest. He jabs the policeman, cracking one of the policeman’s ribs, in an
attempt to escape.
Answer: 3; see Neethling and Potgieter 88-97.
4. Neil is chased by a fierce Jersey bull and jumps onto Conrad’s scooter, which is
parked next to the road, in order to race away and save his own life. The scooter is
damaged and Conrad institutes a delictual claim against Neil. Neil may raise the
following ground of justification:
1. private defence.
2. necessity.
3. provocation.
4. official capacity.
Answer: 2; see Neethling and Potgieter 97-102.
5. Carl, seventeen, left his PlayStation in his locker at school. James, fifteen, wants to
steal Carl’s PlayStation. He realises that he would have to damage Carl’s locker in
order to get the PlayStation. In respect of the damage to the locker, James has:
1. dolus directus.
2. dolus indirectus.
3. dolus eventualis.
4. none of the above.
Answer: 2; see Neethling and Potgieter 133.
,6. Greater Johannesburg Transitional Metropolitan Council v ABSA Bank Ltd 1997 (2)
SA 591 (W) dealt with:
1. contributory intention.
2. contributory negligence.
3. consent to injury.
4. consent to the risk of injury.
Answer: 1; see Neethling and Potgieter 169.
7. Joseph plays tennis in his back yard. He foresees the possibility of his ball breaking
a window in his neighbour’s house, but decides that it will not happen. If the ball indeed
breaks the window, Joseph had the following in respect of the damage:
1. dolus indeterminatus.
2. dolus eventualis.
3. dolus indirectus.
4. luxuria.
Answer: 4; see Neethling and Potgieter 134.
8. Gawie and Manie are farming on adjacent properties. Gawie bears a grudge against
Manie. He sets up a device, which causes a loud bang every half an hour, on the
common boundary between the two farms, near Manie’s homestead. As a result of
this, Manie and his family cannot sleep at night and are irritated by day. Manie asks
Gawie to dismantle the device, but Gawie says that the device serves the purpose of
scaring baboons away from his orchards. Which delictual remedy may be available to
Manie?
1. The actio de pauperie.
2. The actio de feris.
3. The interdict.
4. The actio de effusis vel deiectis.
Answer: 3; see Neethling and Potgieter 269.
, 9. Jacob, an employee of Zanele, was on route to Rustenburg delivering bread when
he accidentally skipped a red robot and crashed into Dineo’s car. If Dineo successfully
sues Zanele (as the employer) for the damage to his car, Zanele will incur:
1. joint and several liability.
2. liability based on negligence.
3. vicarious liability.
4. risk liability.
Answer: 3; see Neethling and Potgieter 389-390.
10. Jonas threatens Lerato with a gun and orders her to hand over her cellphone.
Lerato, in fear of her life, hands over the cellphone. One week later, Lerato spots Jonas
at a nearby shopping centre. Lerato rushes home and grabs a knife. She returns to
the shopping centre and stabs Jonas. Jonas wants to institute a delictual action
against Lerato. Lerato may rely on the following ground of justification:
1. necessity.
2. provocation.
3. private defence.
4. none of the above.
Answer: 4; see Neethling and Potgieter 99; 106; 91.
2020/06
2020-06-ASS
Question 1
1. Which one of the following conditions may amount to automatism?
1. Provocation.
2. Self-defence.
3. Black-out.
4. Necessity.
Question 4
