Question 1: Which of the following is not an essential element of the actio legis Aquiliae?
A. Patrimonial loss
B. Wrongful conduct
C. Prescription period
D. Fault (dolus or culpa)
Answer: C. Prescription period
Rationale: The five elements are: (1) patrimonial loss, (2) conduct (act/omission), (3)
wrongfulness, (4) fault (intention or negligence), and (5) causation. Prescription relates to
enforcement, not liability. (South African law of delict)
Question 2: “Patrimonial loss” in the Aquilian action traditionally includes:
A. Pain and suffering
B. Emotional shock
C. Pure economic loss
D. Injury to personality rights
Answer: C. Pure economic loss
Rationale: Patrimonial loss covers monetary loss, now extended to include pure economic loss;
non-pecuniary harms (pain, emotional shock, personality injury) fall under separate actions.
(South African law of delict)
Question 3: Which remedy would you invoke for a claim of defamation under South African
delict law?
A. Actio legis Aquiliae
B. Action for pain and suffering
C. Actio iniuriarum
D. Unjustified enrichment
Answer: C. Actio iniuriarum
Rationale: The actio iniuriarum addresses intentional violations of personality rights such as
reputation (defamation) or dignity (invasion of privacy). (South African law of delict)
Question 4: In delictual claims, the principle that the defendant’s conduct must be a “but-for”
cause of the loss describes:
A. Legal causation
B. Factual causation
, C. Contributory negligence
D. Mitigation
Answer: B. Factual causation
Rationale: Factual causation uses the conditio sine qua non (“but-for”) test to link conduct to
loss. Legal causation deals with remoteness. (South African law of delict)
Question 5: Which test determines whether loss in delict is too remote to be compensated?
A. But-for test
B. Umbrella criterion (fairness and reasonableness)
C. Balance of probabilities
D. Strict liability
Answer: B. Umbrella criterion (fairness and reasonableness)
Rationale: The Appellate Division applies a flexible “umbrella” test for legal causation,
assessing whether it is fair, just, and reasonable to hold the defendant liable. (South African law
of delict)
Question 6: A plaintiff’s own negligent conduct that contributes to her loss results in:
A. Complete bar to recovery
B. Reduction of damages
C. Joint and several liability
D. Award of exemplary damages
Answer: B. Reduction of damages
Rationale: Contributory negligence does not extinguish liability but reduces the damages
proportionately. (South African law of delict)
Question 7: When two or more wrongdoers are responsible for the same delictual harm, their
liability is:
A. Several only
B. Joint and several
C. Strictly joint
D. Mitigated by prescription
Answer: B. Joint and several
Rationale: Joint wrongdoers are jointly and severally liable; the plaintiff may sue one or all and
that defendant can claim contribution. (South African law of delict)
A. Patrimonial loss
B. Wrongful conduct
C. Prescription period
D. Fault (dolus or culpa)
Answer: C. Prescription period
Rationale: The five elements are: (1) patrimonial loss, (2) conduct (act/omission), (3)
wrongfulness, (4) fault (intention or negligence), and (5) causation. Prescription relates to
enforcement, not liability. (South African law of delict)
Question 2: “Patrimonial loss” in the Aquilian action traditionally includes:
A. Pain and suffering
B. Emotional shock
C. Pure economic loss
D. Injury to personality rights
Answer: C. Pure economic loss
Rationale: Patrimonial loss covers monetary loss, now extended to include pure economic loss;
non-pecuniary harms (pain, emotional shock, personality injury) fall under separate actions.
(South African law of delict)
Question 3: Which remedy would you invoke for a claim of defamation under South African
delict law?
A. Actio legis Aquiliae
B. Action for pain and suffering
C. Actio iniuriarum
D. Unjustified enrichment
Answer: C. Actio iniuriarum
Rationale: The actio iniuriarum addresses intentional violations of personality rights such as
reputation (defamation) or dignity (invasion of privacy). (South African law of delict)
Question 4: In delictual claims, the principle that the defendant’s conduct must be a “but-for”
cause of the loss describes:
A. Legal causation
B. Factual causation
, C. Contributory negligence
D. Mitigation
Answer: B. Factual causation
Rationale: Factual causation uses the conditio sine qua non (“but-for”) test to link conduct to
loss. Legal causation deals with remoteness. (South African law of delict)
Question 5: Which test determines whether loss in delict is too remote to be compensated?
A. But-for test
B. Umbrella criterion (fairness and reasonableness)
C. Balance of probabilities
D. Strict liability
Answer: B. Umbrella criterion (fairness and reasonableness)
Rationale: The Appellate Division applies a flexible “umbrella” test for legal causation,
assessing whether it is fair, just, and reasonable to hold the defendant liable. (South African law
of delict)
Question 6: A plaintiff’s own negligent conduct that contributes to her loss results in:
A. Complete bar to recovery
B. Reduction of damages
C. Joint and several liability
D. Award of exemplary damages
Answer: B. Reduction of damages
Rationale: Contributory negligence does not extinguish liability but reduces the damages
proportionately. (South African law of delict)
Question 7: When two or more wrongdoers are responsible for the same delictual harm, their
liability is:
A. Several only
B. Joint and several
C. Strictly joint
D. Mitigated by prescription
Answer: B. Joint and several
Rationale: Joint wrongdoers are jointly and severally liable; the plaintiff may sue one or all and
that defendant can claim contribution. (South African law of delict)
