PVL3703 EXAM PACK

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury to personality. IV. V. Action for pain and suffering: Claim compensation for wrongful and culpable impairment of bodily or physical-mental integrity. 4. Write brief notes on the differences/ similarities between a delict and a breach of contract Seems the same, but a breach of contract is only constituted by the non-fulfilment by a contractual party of a personal right or an obligation to perform. Thus, the remedies are primarily directed at enforcement, fulfilment or execution of the contract. Delictual remedies are directed at damages and not fulfilment. Law of contract provides specific rules/remedies for breach of contract that are not applicable to a delict. Delict=breach of duty imposed by law. Breach of contract is the breach of a duty voluntarily assumed. 5. Write brief notes on the differences/ similarities between a delict and a crime Distinction between private and public law. Protection of individual interests (delict) vs protection of public interest (Crime) Delictual remedies are compensationary, while criminal sanctions are of a penal nature, to punish criminal for transgression against public interest. Each delict is not necessarily a crime and vice vers