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Summary A brief explanation of all content expected in the 2022 exam.

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A brief explanation of all content expected in the 2022 exam.

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lOMoARcPSD|13104670




Introduction To The Law Of Delict Unit 1 To Unit 10


Law of Contract (University of South Africa)




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, lOMoARcPSD|13104670




LAW OF DELICT – PVL 3703

PART 1:
INTRODUCTION TO THE LAW OF DELICT


STUDY UNIT 1 & 2:
GENERAL INTRODUCTION

DELICT:
= The act of a person which in a wrongful (ie legally reprehensible) and culpable (ie blameworthy) way causes loss (damage) to another.
LAW OF DELICT:
= Determines under which circumstances a person can be held liable for the damage/ loss he/she caused another.

Translations:

- Afrikaans: “delik”, “deliktereg”, “die reg aangaande die onregmatige daad”
- German: “unerlaubte Handlung”

English and American law: delict = “tort”, “law of tort”

- Basic premise: person prejudiced must bear the damage him/herself.
- However, a wrongdoer is responsible for damage he has caused another.
1. Consequence of damage caused by way of delict : prejudiced person does not have to bear the
loss.
2. Wrongdoer = held liable by the law to compensate prejudiced person for damage.

Forms delict can assume: Interference with another’s :
- Property
- Body
- Freedom
- Good name
- Honour
- Privacy
- Feelings
- Earning capacity
- Trade secrets

Requirements for / elements of delict:
1. Act
2. Wrongfulness
3. Fault
4. Causation
5. Damage

1. Act

- There must have been some act or conduct on the part of the person (wrongdoer/defendant) against
whom the prejudiced party (plaintiff) wishes to litigate.

2. Wrongfulness

- Essence of a delict.
- Wrongdoer must have acted in a legally reprehensible, unlawful or unreasonable way.
- Act will be wrongful if wrongdoer has acted in conflict with the community’s conception of what is
right (boni mores).
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