[Company name]
CML1501
Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH DETAILED ANSWERS
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
Question 1
(a) Explain whether the element of fault exists in a “delict” as either intention or
negligence. (5)
(b) Explain the meaning of the term “Damage” in delict. Give examples from case
law.(5)
(c) Explain the meaning of the word “damages” in delict. Give examples from case
law.(5)
Question 1
(a) Fault in Delict: Intention or Negligence
Fault is a crucial element in the law of delict, serving as a determining factor for liability.
Fault in a delictual context can manifest as either intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when a person acts with a deliberate purpose to
cause harm or with knowledge that their actions will likely result in harm. The
person is fully aware of the consequences of their actions and proceeds with the
intention to cause damage. For example, if someone deliberately spreads false
rumors to harm another's reputation, they act with intention.
• Negligence (Culpa): Negligence occurs when a person fails to act with the level
of care that a reasonable person would under similar circumstances. Here, the
individual does not intend to cause harm, but their failure to foresee and avoid
risks results in damage. An example is a driver who, while texting, fails to notice
a pedestrian crossing and causes an accident.
In summary, fault in delict can be either intentional or negligent, with both forms
requiring a deviation from the standard of behavior expected in society.
CML1501
Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH DETAILED ANSWERS
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
Question 1
(a) Explain whether the element of fault exists in a “delict” as either intention or
negligence. (5)
(b) Explain the meaning of the term “Damage” in delict. Give examples from case
law.(5)
(c) Explain the meaning of the word “damages” in delict. Give examples from case
law.(5)
Question 1
(a) Fault in Delict: Intention or Negligence
Fault is a crucial element in the law of delict, serving as a determining factor for liability.
Fault in a delictual context can manifest as either intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when a person acts with a deliberate purpose to
cause harm or with knowledge that their actions will likely result in harm. The
person is fully aware of the consequences of their actions and proceeds with the
intention to cause damage. For example, if someone deliberately spreads false
rumors to harm another's reputation, they act with intention.
• Negligence (Culpa): Negligence occurs when a person fails to act with the level
of care that a reasonable person would under similar circumstances. Here, the
individual does not intend to cause harm, but their failure to foresee and avoid
risks results in damage. An example is a driver who, while texting, fails to notice
a pedestrian crossing and causes an accident.
In summary, fault in delict can be either intentional or negligent, with both forms
requiring a deviation from the standard of behavior expected in society.
