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Exam (elaborations)

PVL3703 EXAM PACK 2023

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PVL3703 EXAM PACK 2023

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Institution
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Uploaded on
May 5, 2023
Number of pages
751
Written in
2022/2023
Type
Exam (elaborations)
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PVL3703
EXAM PACK
2023

QUESTIONS
AND
ANSWERS

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UNIVERSITY EXAMINATIONS




May/June 2020

PVL3703

Law of Delict

100 Marks
2 Hours




This paper consists of 17 pages.

INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ON MYUNISA

1. The examination consists of Multiple-Choice Question types only.

2. The examination question paper counts 100 marks and consists of 50 Multiple-Choice Questions
each worth 2 marks. Answer all of the questions.

3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes after
the conclusion of the official examination period to upload your examination responses (answers)
onto the myUnisa platform for further processing.

4. This is a closed-book examination. While the examination is in progress, you are not allowed to
consult another person or any source in order to assist you to answer any of the questions contained
in this question paper. You may also not assist another student in answering any of the questions
contained in this question paper.

5. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa MCQ
App cannot be used for examination submissions.

5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and myUnisa
password.

5.2 Click on the “myAdmin” tab in the top navigation

5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
 A list of all available assessments will display
 Find the corresponding examination assessment number for your module
 Click on the Submit link in the Action column and follow the steps described below.

Step 1: Enter the total number of questions required for the assessment.
 Enter the total number of questions for your assessment in the Number of Questions field
 Click on the Continue button.


1




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CONFIDENTIAL
Page 2 of 17
PVL3703
May/June 2020
Step 2: Fill out multiple-choice question answers
The number of questions requested in the previous step will now be displayed with five answer
options next to each one. Please note that each row represents a question in your assignment.
 Click on the radio button [the small circle] that corresponds to your answer for that question.
 Click on the Continue button to move to step 3.
 If you want to restart the assignment, click on Clear Form to remove all your selections and
start from new.

Step 3: Verify the answers to your multiple-choice assignment
This screen presents a summary of all your answers. Use it as a final check.
 Click on the Continue button to submit your assignment. If you do not click Continue, no
submission action will take place.
 If you want to redo the answers to the assignment, click Back to go back to the previous
step.

Step 4: Assessment submission report
This is your proof that your examination answers were successfully submitted. If you do not
see this screen, Unisa has not received your submission.

It is advisable to print this page or make a screen capture for record purposes. A copy of this page
will also be emailed to your myLife email account.

PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your examination answers
are not submitted by the cut-off time, you will be marked as absent and automatically deferred to the
October/November 2020 examination. No other type of submission of your examination answers will be
accepted.


Instructions:

 Answer all the questions.
 Choose the correct/most suitable option for each question.
 Choose only one answer for each question.




[TURN OVER]




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CONFIDENTIAL
Page 3 of 17
PVL3703
May/June 2020


Questions 1 to 7 must be answered with reference to this set of facts:


The Cape Town Metro has neglected to keep a popular seaside promenade in a good
condition. Due to weathering, the surface of the promenade has become uneven. During
a pre-dawn run, Thabo trips and falls when running over crumbling paving on the
promenade. He breaks his right arm and his face hits a bench. He is treated in hospital
and his arm heals eventually, but his face remains permanently disfigured. He does not
belong to a medical aid scheme and is therefore personally liable for the hospital costs.
He is also unable to work for some time and suffers a temporary loss of income.


It is advisable to read all seven questions before answering any one of them.


1. If Thabo wishes to institute a delictual claim against the Metro, he may rely on the
following delictual remedy or remedies:
1. The actio legis Aquiliae and the actio iniuriarum.
2. The actio legis Aquiliae and the action for pain and suffering.
3. The actio legis Aquiliae only.
4. The actio de effusis vel deiectis only.
(2)

2. If Thabo institutes a delictual claim against the Metro, the question whether the
Metro’s conduct was wrongful will, according to the traditional approach to
wrongfulness, be answered with reference to the following:
1. Infringement of a subjective right.
2. Breach of a legal duty.
3. The reasonableness of holding the Metro liable.
4. The reasonable person test.
(2)




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