Law of Delict exam 2023 with 100% correct answers

Law of Delict Questions & Answers 2023 Definition of a delict - ANSWER-An act of a person that in a wrongful and culpable way causes harm to another. Definition of conduct - ANSWER-[Voluntary] human act or omission. Definition of intent - ANSWER-When an accountable person's will is directed at a result which he causes while conscious of the wrongfulness of the conduct. Requirements for the actio pauperie - ANSWER-* The defendant must be the owner of the animal when the damage is inflicted * The animal must be a domestic animal * The animal must act contra naturam sui generis when inflicting the damage * The prejudiced person or his property must be lawfully present at the location where the damage is inflicted. Test for negligence as per Kruger v Coetzee - ANSWER-(a) A diligens paterfamilias in the position of a defendant - i. Would foresee the reasonable possibility of his conduct injuring another in his person or property and causing him patrimonial loss; and ii. Would take reasonable steps to guard against such occurrence; and (b) The defendant failed to take such steps Definition of actio pastu - ANSWER-The defendant must be the owner of the animal when the damage is caused The animal must cause damage by eating plants The animal must act of its own volition when causing damages An act as a Juristic person test - ANSWER-An act performed by or at the order of or with the permission if a director, official or servant of a juristic person in the exercise of his duties or functions in advantage or attempting to advance the interest of the juristic person, is deemed to have been performed by the juristic person. Definition of a wrongful act: - ANSWER-A wrongful act is defined as legally reprehensible or unreasonable conduct by which prejudice is caused. A subjective right has been infringed when? - ANSWER-The relationship between the holder of the right and the object of the right has been infringed in a legally reprehensible manner. Mckerron deduces from case law that in order to constitute wrongfulness in the circumstances the plaintiff must prove the following: - ANSWER-a. that the relevant statutory measure provided the plaintiff with a private law remedy. b. that the plaintiff is a person for whose benefit and protection the statutory duty was imposed. c. that the nature of the harm and the manner in which it occurred are such as are contemplated by the enactment d. that the defendant in fact transgressed the statutory provision e. that there was a causal nexus between the transgression of the statutory provision and the harm Elements of the justification of defense: - ANSWER-a.The attack must consist of a human act b. The attack must be wrongful; in other words it must threaten or violate a legally protected interest without justification c.The attack must have already have commenced or be imminently threatening, but must not have ceased. Requirements for the justification of defense: - ANSWER-a. the defense must be directed against the aggressor himself b. the defense must be necessary to protect the threatened right c. the act of defense must not be more harmful than is necessary to ward off the attack