PVL3703 Assignment 3 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

PVL3703 Assignment 3 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED Answers, guidelines, workings and references .................... Question 1 One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train to fasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril is discharged, but on her way out of the hospital, she slips on some oily substance on the floor and falls. Due to the fall, Avril sustains a broken leg. Select the best option in respect of Avril’s broken arm: a. There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s broken arm. b. There is no causal link between Sipho’s conduct and Avril’s broken arm. c. There is only a factual causal link between Sipho’s conduct and Avril’s broken arm. d. There is only a legal causal link between Sipho’s conduct and Avril’s broken arm. Clear my choice Question 2 Which one of the following cases dealt explicitly with the sequence in which the elements of delictual liability should be considered? a. _Kruger v Coetzee_ 1966 2 SA 428 (A). b. _Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus curiae)_ 2003 1 SA 389 (SCA). c. _First National Bank of South Africa Ltd v Duvenhage_ 2006 5 SA 319 (SCA). d. _S v Goliath_ 1972 3 SA 1 (A). Clear my choice Question 3 Musa, a financial adviser, negligently advises Hector to make a bad investment. As a result of this, Hector suffers a serious financial setback. However, there is no damage to Hector’s person or property. Which one of the following delictual remedies may be available if Hector wishes to recover his financial loss from Musa? a. The action for pain and suffering. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. b. The interdict. c. The _actio iniuriarum_. d. The _actio legis Aquiliae_. Question 4 Answer saved Marked out of 2 Flag question Question text Percy stalks Priscilla and photographs her from a distance with a powerful telephoto lens. If Priscilla discovers this and wishes to institute a delictual action against Percy, she would need to prove that Percy had the following form/s of fault (select the best option): a. Intention or negligence. b. Negligence. c. It is not necessary to prove any form of fault because liability would be strict. d. Intention. Clear my choice Question 5 Answer saved Marked out of 2 Flag question Question text One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train to fasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. Avril institutes a delictual claim against Wonderland Zoo for her broken arm and hospital costs. Wonderland Zoo may rely on the following defence: a. _Volenti non fit iniuria_. b. The_ _“_talem qualem_”_ _rule. c. The “mitigation” of loss rule. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. d. Contributory negligence. Clear my choice Question 6 Not yet answered Marked out of 2 Flag question Question text Daniel insulted Sifiso through a message. Sifiso, after reading the message, got into his car and drove to Daniel’s place of work. Upon entering the premises of Daniel’s place of work, Sifiso saw Daniel sitting in the cafeteria having lunch with his colleagues. Sifiso walked towards Daniel, called him a fraud, a thief, and punched him in his face. As a result of the impact of the punch, Daniel fell onto the glass dining table shattering it to pieces. He sustained bodily injuries requiring hospitalisation. It transpired that even though Daniel insulted Sifiso, Daniel did not commit fraud or steal anything. If Daniel wishes to institute a delictual claim against Sifiso, the question whether there was fault on the part of Sifiso will be answered with reference to the following: a. Infringement of a subjective right. b. Breach of a legal duty. c. Directing the will combined with consciousness of wrongfulness. d. The question whether the reasonable person would have foreseen and prevented the harm in the circumstances. Question 7 Not yet answered Marked out of 2 Flag question Question text According to case law, if a motor vehicle is involved in an accident, the failure of a passenger in that motor vehicle to fasten their seat belt: a. Can never constitute contributory negligence for the purpose of an apportionment of damages. b. Can constitute contributory negligence for the purpose of an apportionment of damages only if such failure contributed to the passenger’s injuries. c. Will always constitute contributory negligence for the purpose of an apportionment of damages. d. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Can constitute contributory negligence for the purpose of an apportionment of damages only if such failure contributed to the accident. Clear my choice Question 8 Not yet answered Marked out of 2 Flag question Question text Which statement is correct? In _S v Mokgethi _1990 1 SA 32 (A): a. The court employed the theory of adequate causation. b. The court considered all the existing theories of legal causation and declared once and for all which one of them should be followed. c. There was a legal causal link between the firing of the shot and the teller’s death. d. There was a factual causal link between the firing of the shot and the teller’s death. Question 9 Not yet answered Marked out of 2 Flag question Question text One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train to fasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril is discharged, but on her way out of the hospital, she slips and falls as a result of some oily substance on the floor. Due to the fall, Avril sustains a broken leg. Whether there was a legal causal link between Sipho’s conduct and Avril’s broken leg, will be determined with reference to: a. Direct consequences. b. Adequate causation. c. The flexible approach. d. The but for-test. Clear my choice Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question 10 Not yet answered Marked out of 2 Flag question Question text Kwena secretly eavesdropped on Amelia’s conversation with her boyfriend Vuyo. Which remedy may be available to Amelia? a. _Actio iniuriarum_. b. _Actio legis Aquiliae_. c. _Actio de pastu_. d. Interdict. Clear my choice Question 11 Not yet answered Marked out of 2 Flag question Question text According to the doctrine of sudden emergency: a. Regulations have been published which absolve a driver from delictual liability for conduct that takes place in a situation of sudden emergency on roads within the Republic of South Africa. b. When a court determines the negligence of the conduct of an alleged wrongdoer who found himself in a situation of sudden emergency, it is permissible to deviate slightly from the reasonable person standard. c. The wrongfulness of the conduct of an alleged wrongdoer who had to act in a situation of sudden emergency will be judged more leniently by a court of law. d. The notional reasonable person can make an error of judgment in a situation of sudden emergency. Clear my choice Question 12 Not yet answered Marked out of 2 Flag question Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question text Nadia’s two-year-old daughter falls down a flight of stairs. Nadia believes that the child has sustained a brain injury and rushes her to the hospital. On the way to the hospital Nadia drives over the neighbour’s cat which subsequently dies. The neighbour institutes a delictual claim against Nadia. It later transpires that Nadia’s daughter merely suffered from mild shock. According to Neethling and Potgieter, which one of the following defences may Nadia rely on? a. Absence of fault. b. Act of God. c. Necessity. d. Private defence. Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks his right arm. Chris’ arm is set in plaster and he incurs medical costs. In addition, he cannot perform his work while his arm is immobilised for healing, and he suffers a loss of income. Which of the following is correct (select the best option)? a. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity, the incurred medical costs, and the loss of income. b. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity only. c. There is no legal causal link between Mark’s conduct and any harm suffered by Chris. d. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity and the incurred medical costs. Clear my choice Question 14 Not yet answered Marked out of 2 Flag question Question text Isaac places a bomb in an airport. The bomb explodes damaging property and injuring people. Which one of the following forms of fault did Isaac have in respect of the damage? a. _Dolus determinatus_. b. _Dolus indeterminatus_. c. _Luxuria_. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. d. Gross negligence. Clear my choice Question 15 Not yet answered Marked out of 2 Flag question Question text Luke and his brother Paul bear a grudge against Patrick and agree to teach him a lesson he will not forget. While Patrick walks around in a shopping mall, Luke and Paul damage Patrick’s motorbike by hitting it with hammers. If Patrick successfully sues Luke and Paul in delict, they will incur: a. Vicarious liability. b. Strict liability. c. Liability based on contributory intent. d. Joint and several liability. Clear my choice Question 16 Not yet answered Marked out of 2 Flag question Question text One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train to fasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril is discharged but, on her way out of the hospital, she slips on some oily substance on the floor and falls. Due to the fall, Avril sustains a broken leg. Select the best option in respect of Avril’s broken leg: a. There is only a legal causal link between Sipho’s conduct and Avril’s broken leg. b. There is no causal link between Sipho’s conduct and Avril’s broken leg. c. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. There is only a factual causal link between Sipho’s conduct and Avril’s broken leg. d. There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s broken leg. Clear my choice Question 17 Not yet answered Marked out of 2 Flag question Question text Indicate the INCORRECT statement regarding intent. a. Only an accountable person can act with intent. b. _Dolus indeterminatus_ exists where the wrongdoer’s will is directed at the result which he causes while he has no specific person or object in mind. c. _Dolus eventualis_ exists where the wrongdoer directly wills one consequence of his conduct but at the same time acknowledges that another consequence will unavoidably occur. d. According to Neethling and Potgieter, consciousness of wrongfulness is a requirement for intent. Clear my choice Question 18 Not yet answered Marked out of 2 Flag question Question text Daniel insulted Sifiso through a message. Sifiso, after reading the message, got into his car and drove to Daniel’s place of work. Upon entering the premises of Daniel’s place of work, Sifiso saw Daniel sitting in the cafeteria having lunch with his colleagues. Sifiso walked towards Daniel, called him a fraud, a thief, and punched him in his face. As a result of the impact of the punch, Daniel fell onto the glass dining table shattering it to pieces. He sustained bodily injuries requiring hospitalisation. It transpired that even though Daniel insulted Sifiso, Daniel did not commit fraud or steal anything. If Daniel wishes to institute a delictual claim against Sifiso ONLY for the bodily injuries he sustained, he may rely on the following delictual remedy or remedies: a. The _actio iniuriarum _only. b. The_ actio legis Aquiliae _and the action for pain and suffering. c. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. The _actio legis Aquiliae _only. d. The_ actio legis Aquiliae_ and the _actio iniuriarum_. Clear my choice Question 19 Not yet answered Marked out of 2 Flag question Question text Which one of the following cases is of great importance in respect of the flexible application of the _conditio sine qua non_ test? a. _S v Mokgethi_ 1990 1 SA 32 (A). b. _Roux v Hattingh _2012 6 SA 428 (SCA). c. _Jones NO v Santam Bpk_ 1965 2 SA 542 (A). d. _Lee v Minister of Correctional Services _2013 2 SA 144 (CC). Clear my choice Question 20 Not yet answered Marked out of 2 Flag question Question text Roy is the owner of a big Koi fish farm. Garth is employed by Roy as foreman and second-in-charge. Garth has recently inherited a lot of money when his wealthy father died, but because he loves Koi fish so much and because he has a good relationship with Roy, he decides to stay on in the business in the same capacity. On one Tuesday morning, Roy instructs Garth to take the delivery van and make a delivery. Along the way, Garth loses control of the van, crashes into Lucky’s roadside vendor stall, and destroys it and all the merchandise completely. Advise Lucky on the best course of action: a. Institute an action for damages against Garth in his personal capacity and, in the alternative, against Roy based on vicarious liability. b. Institute an action for damages against Roy based on vicarious liability. c. Institute an action for damages against Garth in his personal capacity. d. Institute the _amende honorable_ against Garth. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. Question 21 Not yet answered Marked out of 2 Flag question Question text If a plaintiff has already suffered some damage as a result of the defendant’s conduct, and he expects further damage to arise in the future, the point in time at which the plaintiff must claim damages for such future loss is co-determined by: a. The “once and for all” rule. b. Mitigation of loss. c. The concrete approach to damage. d. The sum-formula approach. Clear my choice Question 22 Not yet answered Marked out of 2 Flag question Question text Which is the odd one out? a. Invasion of privacy. b. Loss of amenities of life. c. Emotional shock / psychological lesion. d. Disfigurement. Clear my choice Question 23 Not yet answered Marked out of 2 Flag question Question text _Barnard v Santambank_ 1999 1 SA 202 (SCA) dealt with: Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. a. Unlawful competition. b. Pure economic loss. c. Psychological lesions. d. Negligent misrepresentation. Clear my choice Question 24 Not yet answered Marked out of 2 Flag question Question text Which statement is INCORRECT in respect of legal causation? a. A legal causal link is determined with reference to policy considerations of reasonableness, fairness and justice. b. When determining legal causation, standards such as adequate causation and direct consequences may be used as subsidiary tests. c. A legal causal link between an act and a consequence is determined by mentally eliminating the act and inquiring whether the consequence will then also disappear. d. A legal causal link exists if there is a sufficiently close link between an act and a consequence that the consequence may be imputed to the wrongdoer. Clear my choice Question 25 Not yet answered Marked out of 2 Flag question Question text John wants to spy on Thandi, his competitor in business. For this purpose, he installs a surveillance device in the roof of the premises where Thandi’s business is located. John needs to break a hole into the roof to accomplish this. He foresees the possibility that rainwater may leak into the building and may damage Thandi’s merchandise, but reconciles himself with the possibility and proceeds nevertheless. After three days, he has managed to learn all Thandi’s trade secrets. In respect of the unauthorized acquisition of the trade secrets, John has: a. Disclaimer Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the contents of this document. This document is to be used for comparison, research and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means. _Dolus eventualis_. b. _Dolus directus_. c. _Dolus indeterminatus_. d. _Dolus indirectus_. Clear my choice 16/09/2023, 12:12 Assessment 3 (page 1 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 1 Not yet answered Marked out of 2 QUIZ Sean is employed by Raymond as a driver in Raymond’s courier business. Seanhas the weekend off and decides to visit Mary on Saturday evening. On his wayto Mary’s apartment, Sean is involved in an accident due to his own negligence.Sean’s vehicle and also the vehicle of Catherine, the other motorist who isinvolved in the accident, are badly damaged. Catherine discovers that Sean’sfi nancial position is not good. Advise Catherine on the best course of action: a. Institute an action against Sean. b. Institute an action against Raymond and Sean as joint wrongdoers. c. Institute an action against Raymond based on _culpa in eligendo_. d. Institute an action against Raymond based on vicarious liability. Clear my choice 16/09/2023, 12:14 Assessment 3 (page 2 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 2 Not yet answered Marked out of 2 QUIZ Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an arm and incurs medical costs. Whichremedy or remedies may be available to Chris? a. _Actio iniuriarum _only. b. _Actio iniuriarum _and the action for pain and suffering. c. _Actio legis Aquiliae _only. d. _Actio legis Aquiliae _and the_ _action for pain and suffering. Clear my choice 16/09/2023, 12:21 Assessment 3 (page 3 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 3 Not yet answered Marked out of 2 QUIZ Tom manufactures and sells insecticides. He sells a large container of his best product to Farmer Green to get rid of insectpests in Farmer Green’s crops. Farmer Green applies the insecticide according to the instructions on the container, but hiscrops wither and die. If Farmer Green wishes to institute a delictual action against Tom, he would need to prove that Tom hadthe following form/s of fault (select the best option): a. It is not necessary to prove any form of fault because liability would be strict. b. Intention. c. Negligence. d. Intention or negligence. Clear my choice 16/09/2023, 12:30 Assessment 3 (page 4 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 4 Not yet answered Marked out of 2 QUIZ Tim is an employee in Tina’s fl orist business. Tina tells Tim to take the delivery van to deliver fl owers to a function venue.Along the way, Tim crashes into Mike’s roadside kitchen, destroying it completely. If Mike wishes to institute a delictual actionagainst Tina, he would need to prove that Tina had the following form/s of fault (select the best option): a. Intention or negligence. b. It is not necessary to prove any form of fault on Tina’s part because her liability would be strict. c. Intention. d. Negligence. Clear my choice 16/09/2023, 12:31 Assessment 3 (page 5 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 5 Not yet answered Marked out of 2 QUIZ Harry’s cattle graze and trample Sally’s sorghum fi elds, destroying her crops. If Sally wishes to institute a delictual actionagainst Harry, she would need to prove that Harry had the following form/s of fault (select the best option): a. Intention or negligence. b. It is not necessary to prove any form of fault because liability would be strict. c. Intention. d. Negligence. Clear my choice 16/09/2023, 12:32 Assessment 3 (page 6 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 6 Not yet answered Marked out of 2 QUIZ Roy is the owner of a big Koi fi sh farm. Garth is employed by Roy as foreman and second-in-charge. Garth has recentlyinherited a lot of money when his wealthy father died, but because he loves Koi fi sh so much and because he has a goodrelationship with Roy, he decides to stay on in the business in the same capacity. On one Tuesday morning, Roy instructs Garthto take the delivery van and make a delivery. Along the way, Garth loses control of the van, crashes into Lucky’s roadsidevendor stall, and destroys it and all the merchandise completely. Advise Lucky on the best course of action: a. Institute an action for damages against Garth in his personal capacity. b. Institute an action for damages against Garth in his personal capacity and, in the alternative, against Roy based onvicarious liability. c. Institute an action for damages against Roy based on vicarious liability. d. Institute the _amende honorable_ against Garth. Clear my choice 16/09/2023, 12:33 Assessment 3 (page 7 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 7 Not yet answered Marked out of 2 QUIZ According to case law, the negligence of a child wrongdoer in delict cases is determined according to: a. The fair and reasonable standard. b. The reasonable child standard. c. The standard of a reasonable child of the same age. d. The reasonable person standard. Clear my choice 16/09/2023, 12:41 Assessment 3 (page 8 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 8 Not yet answered Marked out of 2 QUIZ Kwena provides investment advice to Themba. Themba, relying on this advice, makes a bad investment and he suffers pureeconomic loss. If Themba wishes to institute a delictual action against Kwena, he would need to prove that Kwena had thefollowing form/s of fault (select the best option): a. Intention or negligence. b. It is not necessary to prove any form of fault because liability would be strict. c. Intention. d. Negligence. Clear my choice 16/09/2023, 12:42 Assessment 3 (page 9 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 9 Not yet answered Marked out of 2 QUIZ Which is the odd one out? a. Disfi gurement. b. Loss of amenities of life. c. Invasion of privacy. d. Emotional shock / psychological lesion. Clear my choice 16/09/2023, 12:44 Assessment 3 (page 10 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 10 Not yet answered Marked out of 2 QUIZ Indicate the INCORRECT statement regarding intent. a. Only an accountable person can act with intent. b. According to Neethling and Potgieter, consciousness of wrongfulness is a requirement for intent. c. _Dolus eventualis_ exists where the wrongdoer directly wills one consequence of his conduct but at the same timeacknowledges that another consequence will unavoidably occur. d. _Dolus indeterminatus_ exists where the wrongdoer’s will is directed at the result which he causes while he has nospecifi c person or object in mind. Clear my choice 16/09/2023, 12:57 Assessment 3 (page 11 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 11 Not yet answered Marked out of 2 QUIZ Which one of the following statements is INCORRECT regarding delictual liability? a. A delictual remedy is aimed at compensation, whereas a constitutional remedy is directed at affi rming, enforcing,protecting and vindicating fundamental rights. b. A clear theoretical distinction should be made between a constitutional wrong and a delict. c. A “constitutional delict” is a term used to describe an instance where the infringement of a fundamental rightconstitutes a delict. d. Every delict is simultaneously a constitutional wrong. Clear my choice 16/09/2023, 13:12 Assessment 3 (page 12 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 12 Not yet answered Marked out of 2 QUIZ The quantum of a claim for hospital costs must preferably be determined in accordance with (select the best option): a. Mitigation of damage. b. The sum-formula approach. c. The concrete approach to damage. d. The “once and for all” rule. Clear my choice 16/09/2023, 13:14 Assessment 3 (page 13 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 13 Not yet answered Marked out of 2 QUIZ Nadia’s two-year-old daughter falls down a fl ight of stairs. Nadia believes that the child has sustained a brain injury and rushesher to the hospital. On the way to the hospital Nadia drives over the neighbour’s cat which subsequently dies. The neighbourinstitutes a delictual claim against Nadia. It later transpires that Nadia’s daughter merely suffered from mild shock. Accordingto Neethling and Potgieter, which one of the following defences may Nadia rely on? a. Necessity. b. Private defence. c. Absence of fault. d. Act of God. Clear my choice 16/09/2023, 13:25 Assessment 3 (page 14 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 14 Not yet answered Marked out of 2 QUIZ Which one of the following cases brought clarity in respect of the criterion to be used when determining whether legalcausation is present? a. _Lee v Minister of Correctional Services _2013 2 SA 144 (CC). b. _Roux v Hattingh _2012 6 SA 428 (SCA). c. _Jones NO v Santam Bpk_ 1965 2 SA 542 (A). d. _S v Mokgethi_ 1990 1 SA 32 (A). Clear my choice 16/09/2023, 13:29 Assessment 3 (page 15 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 15 Not yet answered Marked out of 2 QUIZ Which one of the following statements regarding the relationship between delict and breach of contract is correct? a. One and the same act cannot simultaneously render the wrongdoer liable _ex contractu_ as well as _ex delicto_. b. Like delictual remedies, contractual remedies are primarily directed at damages or satisfaction. c. Delict and breach of contract are both species of the genus “wrongful conduct” in private law. d. Historically breach of contract was formally treated as part of the law of delict. Clear my choice 16/09/2023, 13:30 Assessment 3 (page 16 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 16 Not yet answered Marked out of 2 QUIZ Molebo inadvertently drops and damages Hellen’s mobile phone. Which delictual remedy or remedies may be available toHellen? a. _Actio legis Aquiliae _and the_ _action for pain and suffering. b. _Actio iniuriarum _only. c. _Actio legis Aquiliae _only. d. _Actio iniuriarum _and the _actio legis Aquiliae_. Clear my choice 16/09/2023, 13:34 Assessment 3 (page 17 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 17 Not yet answered Marked out of 2 QUIZ Daniel insulted Sifi so through a message. Sifi so, after reading the message, got into his car and drove toDaniel’s place of work. Upon entering the premises of Daniel’s place of work, Sifi so saw Daniel sitting in the cafeteria havinglunch with his colleagues. Sifi so walked towards Daniel, called him a fraud, a thief, and punched him in his face. As a result ofthe impact of the punch, Daniel fell onto the glass dining table shattering it to pieces. He sustained bodily injuries requiringhospitalisation. It transpired that even though Daniel insulted Sifi so, Daniel did not commit fraud or steal anything. If Danielwishes to institute a delictual claim against Sifi so ONLY for the bodily injuries he sustained, he may rely on the followingdelictual remedy or remedies: a. The _actio iniuriarum _only. b. The _actio legis Aquiliae _only. c. The_ actio legis Aquiliae _and the action for pain and suffering. d. The_ actio legis Aquiliae_ and the _actio iniuriarum_. Clear my choice 16/09/2023, 13:36 Assessment 3 (page 18 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 18 Not yet answered Marked out of 2 QUIZ Xolani is suspected of infi delity by his wife. She hires a private detective, Musa, to spy on Xolani. Musa follows Xolani in his carto a lonely spot in the veld. Xolani has a woman with him in his car. When Musa approaches Xolani’s car, Xolani starts to driveoff. Musa vaults onto the bonnet in order to obscure Xolani’s view and so to make him stop. Xolani, however, accelerates andbegins to swerve from side to side, clearly with the object of dislodging Musa who is clinging on for dear life. Six kilometresfurther, Xolani succeeds in dislodging Musa. Musa suffers injuries and institutes a delictual claim against Xolani. Select thebest option: According to Neethling and Potgieter, the theoretically correct position is: a. Xolani can successfully raise contributory intention as a defence. b. Xolani can successfully raise contributory negligence as a defence. c. Xolani can successfully raise tacit consent to the risk of injury as ground of justifi cation. d. Xolani can successfully raise a _pactum de non petendo_ to ward off Musa’s claim. Clear my choice 16/09/2023, 13:39 Assessment 3 (page 19 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 19 Not yet answered Marked out of 2 QUIZ Which one of the following cases is of great importance in respect of the fl exible application of the _conditio sine qua non_test? a. _Roux v Hattingh _2012 6 SA 428 (SCA). b. _S v Mokgethi_ 1990 1 SA 32 (A). c. _Jones NO v Santam Bpk_ 1965 2 SA 542 (A). d. _Lee v Minister of Correctional Services _2013 2 SA 144 (CC). Clear my choice 16/09/2023, 13:42 Assessment 3 (page 20 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 20 Not yet answered Marked out of 2 QUIZ Which statement is correct? In _S v Mokgethi _1990 1 SA 32 (A): a. The court considered all the existing theories of legal causation and declared once and for all which one of themshould be followed. b. There was a factual causal link between the fi ring of the shot and the teller’s death. c. The court employed the theory of adequate causation. d. There was a legal causal link between the fi ring of the shot and the teller’s death. Clear my choice 16/09/2023, 13:44 Assessment 3 (page 21 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 21 Not yet answered Marked out of 2 QUIZ Which one of the following cases dealt explicitly with the sequence in which the elements of delictual liability should beconsidered? a. _Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus curiae)_ 2003 1 SA 389 (SCA). b. _Kruger v Coetzee_ 1966 2 SA 428 (A). c. _First National Bank of South Africa Ltd v Duvenhage_ 2006 5 SA 319 (SCA). d. _S v Goliath_ 1972 3 SA 1 (A). Clear my choice 16/09/2023, 13:46 Assessment 3 (page 22 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 22 Not yet answered Marked out of 2 QUIZ Zama plays tennis in his back yard. He foresees the possibility of his ball breaking a window in his neighbour’s house butdecides that it will not happen. If the ball indeed breaks the window, Zama had the following form of fault in respect of thedamage: a. _Luxuria_. b. _Dolus determinatus_. c. Contributory negligence. d. _Dolus indeterminatus_. Clear my choice 16/09/2023, 13:47 Assessment 3 (page 23 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 23 Not yet answered Marked out of 2 QUIZ Which one of the following cases is of great importance in respect of the negligence of children? a. _Jones NO v Santam Bpk_ 1965 2 SA 542 (A). b. _S v Mokgethi_ 1990 1 SA 32 (A). c. _Lee v Minister of Correctional Services _2013 2 SA 144 (CC). d. _Roux v Hattingh _2012 6 SA 428 (SCA). Clear my choice 16/09/2023, 13:47 Assessment 3 (page 24 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 24 Not yet answered Marked out of 2 QUIZ Which one of the following is NOT a requirement for the vicarious liability of an employer? a. The employee must have acted in the scope of his employment. b. The employer must have been negligent in his supervision of the employee. c. An employer-employee relationship. d. The employee must have committed a delict. Clear my choice 16/09/2023, 13:48 Assessment 3 (page 25 of 25) PVL3703-23-S2  Welcome Message  Assessment 3 Question 25 Not yet answered Marked out of 2 QUIZ Which one of the following benefi ts is taken into account in reducing the amount of damages awarded to a plaintiff? a. Donations or _ex gratia_ benefi ts. b. Insurance money received. c. An award from the Compensation Commissioner. d. Benefi ts received in terms of life assurance. Clear my choice Tutorial Letter 201/1/2010 QUESTION 1 Which one of the following things is a composite thing? (1) a dog (2) a motor (3) a glass (4) a brick ANSWER: (2) COMMENTS: (1) A dog is a singular thing. (2) A motor is a composite thing and is made up of constituent parts which lost their individuality. (3) A glass is a singular thing. (4) A brick is a singular thing. (Study Guide page 36) QUESTION 2 Which option is not a feature or characteristic of real rights? (1) The rule prior in tempore potior in iure applies to real rights. (2) Real rights grant preference in the case of insolvency. (3) Real rights are unenforceable against bona fide third parties. (4) The object of a real right is a thing. ANSWER: (3) COMMENTS: (1) In the case of insolvency the maxim first in time stronger in law (prior in tempore potior in iure) will apply in the case of two or more competing real rights. (2) In the case of insolvency a real right enjoys preference over other rights. (3) Real rights are absolute in principle and the real right holder can enforce his/her right against bona fide third parties. (4) The object of a real right is a corporeal thing (leaving aside the exception of a pledge of claims). (Study Guide pages 44-45) QUESTION 3 Which option does not reflect a recognised subdivision of neighbour law? (1) lateral support (2) planting of trees Downloaded by Justine Daniel () lOMoARcPSD|4773666 (3) interference with the natural flow of water (4) nuisance ANSWER: (2) COMMENTS: The recognised subdivisions of neighbour law are: nuisance; lateral and surface support; encroachments; surface water; party walls and fences and elimination of danger. (1) Lateral support is a recognised subdivision of neighbour law. (2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of encroachments. (3) Interference with the natural flow of water is a recognised subdivision of neighbour law. (4) Nuisance is a recognised subdivision of neighbour law. (Study Guide pages 57-59) QUESTION 4 Which option is the odd one out? (1) a carp swimming around in the Roodeplaat dam (2) a kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high game proof fence and with the mark QR on them (3) a wounded impala which has been shot on X’s unfenced farm and which is being pursued by hunter Z (4) a Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell ANSWER: (2) COMMENTS: (1) A carp swimming around in the Roodeplaat dam is a thing that is susceptible to ownership, but that belongs to no-one at this particular stage and can therefore be categorized as a res nullius. (2) A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high game proof fence and with the mark QR on him belongs to Q and R and forms part of Q and R’s estate and can therefore be classified as a res alicuius. (3) A wounded impala which has been shot on X’s unfenced farm and which is being pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership through appropriation if all the requirements are met. (4) A Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell reverted to his former wild state, after having been controlled by a person, and is regarded as a res nullius. (Study Guide pages 36 and 70) QUESTION 5 Indicate when natural interruption of prescription will occur: (1) when a person is absent from the country because of war (2) when a fiduciarius has alienated fideicommissary goods without the power to alienate it (3) when summons, claiming ownership of the thing, is served Downloaded by Justine Daniel () lOMoARcPSD|4773666 (4) when the acquirer lost possession of the thing, by relinquishing it voluntarily or when the thing was forcibly taken from him/her. ANSWER: No correct answer. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1) Prescription will be suspended when a person is absent from the country because of war. (2) Prescription will be suspended when a fiduciarius has alienated fideicommissary goods without the power to alienate it. (3) Prescription will not be interrupted when summons, claiming ownership of the thing, is served. Interruption only occurs if the person who claims ownership succeeds in carrying his/her claim to the final judgment. (4) Prescription will not be interrupted when the acquirer lost possession of the thing, by relinquishing it voluntarily or when the thing was forcibly taken from him/her. Prescription can only be interrupted through voluntary loss of possession. (Study Guide pages 85-86) QUESTION 6 Which option is not a requirement or characteristic of treasure trove as an original mode of acquisition of ownership? (1) The treasure must be a valuable movable or immovable thing. (2) The finder must exercise some kind of physical control over the treasure. (3) The original owner of the treasure cannot be found. (4) A valuable thing lying openly on the ground can never qualify as a treasure for purposes of treasure trove. ANSWER: (1) COMMENTS: (1) The treasure must be a valuable movable thing. The treasure cannot be an immovable thing. (2) The finder must exercise some kind of physical control over the treasure. (3) The original owner of the treasure cannot be found. (4) A valuable thing lying openly on the ground can never qualify as a treasure for purposes of treasure trove . (Study Guide page 81) QUESTION 7 Indicate the false option in respect of the requirements for attornment: (1) A tripartite agreement must exist between all three parties concerned. (2) The third party (holder) must be in control of the thing when the tripartite agreement is concluded. (3) The third party (holder) can consent in advance to a future transfer of ownership. Downloaded by Justine Daniel () lOMoARcPSD|4773666 (4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that all the requirements for attornment were complied with. ANSWER: Both 3 and 4 are incorrect. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1) One of the requirements for attornment to take place is that there must be a tripartite agreement between the transferor, the transferee and the third party holder in terms of which the holder will continue to hold for the transferee and no longer for the transferor. (2) Another requirement for attornment to take place is that the third party (holder) should exercise physical control at the moment of transfer from the transferor to the transferee. (3) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that the third party (holder) can consent in advance to a future transfer of ownership. In this case a new form of delivery was recognized. (4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new form of delivery was acknowledged. (Study Guide pages 107-108) QUESTION 8 Give an example of delivery with the long hand: (1) A flock of sheep pointed out in the presence of the transferee. (2) The delivery of the keys to a motor. (3) X bought a watch from a jeweller and leaves it with the jeweller for cleaning. (4) X hires a motor from Y and then purchases it from Y. ANSWER: (1) COMMENTS: (1) A flock of sheep pointed out in the presence of the transferee is an example of delivery with the long hand (traditio longa manu ). (2) The delivery of the keys to a motor is an example of symbolic delivery. (3) An example of constitutum possessorium would be when X buys a watch from a jeweller and leaves it with the jeweller for cleaning. (4) An example of delivery with the short hand (traditio brevi manu) would be when X hires a motor from Y and then purchases it from Y. (Study Guide pages 105-106) QUESTION 9 Which option is the odd one out? (1) In order to succeed with the Aquilian action a causal connection between the patrimonial loss and the conduct of the defendant a just balance between the public interest and the interests of those affected has to be proved. (2) The Aquilian action can be instituted against anyone who causes damage due to an intentional or negligent act. (3) Damages can be claimed with the Aquilian action. Downloaded by Justine Daniel () lOMoARcPSD|4773666 (4) The Aquilian action is available to the owner of the damaged thing only. ANSWER: Both 2 and 4 are incorrect. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1) In order to succeed with the Aquilian action a causal connection between the patrimonial loss and the conduct of the defendant has to be proved. (2) The Aquilian action can be instituted against anyone who causes damage due to an unlawful intentional or negligent act, thus culpability of the defendant. (3) Damages can be claimed with the Aquilian action. (4) The Aquilian action is available to anyone who has a proprietal right or interest in the damaged thing, thus not only owners. (Study Guide page 124) QUESTION 10 A purchaser who is not the owner of a thing, but who has the intention of an owner on the incorrect assumption that he/she is the owner is a: (1) bona fide possessor (2) mala fide unlawful holder (3) mala fide possessor (4) bona fide unlafwul holder ANSWER: (1) COMMENTS: (1) A person who is not the owner of a thing because he/she does not comply with the requirements for vesting of ownership, but who has the intention of an owner on the incorrect assumption that he/she is the owner is a bona fide possessor. (2) A person who knows that he/she does not have the owner’s consent for controlling the thing, but still exercises physical control over it for the sake of the benefit he/she can derive from it is a mala fide unlawful holder. (3) A person who is aware of the fact that he/she is not legally recognised as the owner of a thing since he/she does not conform to the requirements of ownership, but whom nevertheless has the intention of an owner is mala fide possessor. (4) A person who physically controls the thing unlawfully, but he/she is unaware of the fact, since he/she is under the incorrect impression that he/she has the necessary permission or legal ground to control it is a bona fide unlawful holder (Study Guide pages 144-145) TOTAL: [10] Downloaded by Justine Daniel () lOMoARcPSD|4773666 Tutorial Letter 201/1/2012 Question 1 The delictual remedy used to claim damages for patrimonial loss caused wrongfully and negligently is the: 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. interdict (1) Patrimonial loss caused wrongfully and culpably is actionable with the Aquilian action. The correct alternative is [1]. [see chap 1 par 4.2] Question 2 The delictual remedy used to obtain a solatium for intentional infringement of personality rights is the: 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. interdict (1 ) The delictual remedy used to claim a solatium for intentional infringement of personality rights is the actio iniuriarum. The correct answer is therefore alternative [2]. [see chap 1 par 4.3] Question 3 The delictual remedy used to prevent wrongful causing of harm is the: 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. interdict (1 ) The delictual remedy used to prevent wrongful causing of harm is the interdict. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Therefore the correct alternative is [4]. [see study guide p 11 and chap 7 par 2] Question 4 The delictual remedy used to claim compensation for negligent infringement of the corpus is the: 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. interdict (1 ) The delictual remedy used to claim compensation for negligent infringement of the corpus is the action for pain and suffering The correct alternative is [3]. [see chap 1 par 4.4] Question 5 A delictual remedy with which damages can be prevented without proving fault is the: 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. interdict (1 ) An interdict is directed at the prevention of a wrongful act, and not at the retribution for wrongfulness already committed, fault is therefore not a requirement. The correct alternative is [4]. [see chap 7 par 2] Question 6 When the so-called open-ended delictual norms are given content in the light of the basic values of chapter 2 of the Constitution, this process is known as: 1. direct application of the Bill of Rights 2. indirect application of the Bill of Rights 3. vertical application of the Bill of Rights 4. a constitutional delict (1 ) The process of subjecting open-ended or flexible delictual principles to the Bill of Rights, and giving such principles content in the light of basic values of the Bill of Rights, is known as indirect application of the Bill of Rights. Downloaded by Justine Daniel () lOMoARcPSD|4773666 The correct answer is therefore alternative [2]. [see chap 1 par 5(b)] Question 7 The principle dictating at what stage prospective loss must be claimed is known as: 1. the sum-formula approach 2. the “once and for all” rule 3. compensating advantages 4. mitigation (1 ) In a claim for compensation, the plaintiff must claim damages for all damage already sustained as well as that expected in the future. This principle is known as the “once and for all” rule, and it effectively dictates the stage at which prospective loss must be claimed. The correct alternative is [2]. [see chap 6 par 4.7.1 and 4.6] Question 8 Prospective loss is best assessed in accordance with: 1. the sum-formula approach 2. the “once and for all” rule 3. compensating advantages 4. mitigation (1 ) The sum formula approach refers to a hypothetical (potential) patrimonial position of the plaintiff in order to provide for the assessment of prospective damage. The correct alternative is [1]. [see chap 6 par 4.5.1] Question 9 Defamation is in the first place an infringement of a person’s: 1. bodily integrity 2. good name 3. privacy 4. feelings (1 ) Defamation is the wrongful, intentional infringement of another person’s right to his/her good name. The correct alternative is [2]. [see chap 10 par Downloaded by Justine Daniel () lOMoARcPSD|4773666 3.2.1] Question 10 If a person can differentiate between right and wrong and act in accordance with this insight, he or she: 1. is in a state of automatism 2. can rely on a ground of justification 3. has intent 4. is accountable (1 ) A person is accountable if he/she has the necessary mental ability to distinguish between right and wrong and if he/she can also act in accordance with such appreciation. The correct alternative is [4]. [see chap 4 par 2] Downloaded by Justine Daniel () lOMoARcPSD|4773666 Tutorial Letter 201/2/2012 Question 1 Indicate the correct statement with regard to delictual remedies. 1. The actio iniuriarum is directed at ““satisfaction”” for the wrongful and intentional injury to personality. 2. Intention is always a requirement for the actio legis Aquiliae. 3. South African law follows the casuistic approach with regard to delictual liability. 4. “ “Invasion of privacy” ” in practice is considered as a formdamnumof iniuria datum. (1) The correct alternative is [1]. Question 2 Which one of the following is not a requirement for an interdict? 1. There must be no other remedy available to the applicant. 2. There must be a “ “clear right’ ’. 3. There must be an infringement or a threat of an infringement of a clear right. 4. Intention or negligence must be present. (1) The correct answer is [4]. Question 3 Indicate the correct statement with regard to the concurrence of delictual, criminal and contractual liability. 1. A claim for damages is the primary remedy for breach of contract. 2. One and the same act may render the wrongdoer delictually as well as contractually liable. 3. One and the same act cannot establish delictual as well as criminal liability. 4. A claim for damages is the secondary remedy in respect of a crime. (1) The correct alternative is [2]. Question 4 Indicate the incorrect statement with regard to the law of delict and the Constitution. 1. An infringement of a right may constitute a constitutional wrong and a delict. 2. The requirements for a delict and a constitutional wrong differ materially. Downloaded by Justine Daniel () lOMoARcPSD|4773666 3. An infringement of a right cannot constitute a constitutional wrong and a delict. 4. Indirect application means that the state must generally respect fundamental rights and not infringe them. (1) Unfortunately a mistake slipped in here. [3] and [4] are both incorrect, and therefore we gave each student who completed this assignment a mark for this question. We apologise for any inconvenience caused by this. Question 5 Which one of the following is a requirement for a successful reliance on “ “private defence””? 1. There must be fault on the part of the aggressor. 2. The attack must be directed at the defender. 3. The attack must be wrongful. 4. Factual and legal causation must be present. (1) The correct alternative is [3]. Question 6 Indicate the incorrect statement with regard to intent. 1. According to Neethling and Potgieter, consciousness of wrongfulness is a requirement for intent. 2. Dolus eventualis exists where the wrongdoer directly wills one consequence of his conduct but at the same time acknowledges that another consequence will unavoidably occur. 3. Only an accountable person can act with intent. 4. Dolus indeterminatus exists where the wrongdoer’’s will is directed at the result which he causes while he has no specific person or object in mind. (1) The correct answer is [2]. Question 7 Which of the following requirement/s must be present before provocation may be raised as a defence? 1. The conduct of the defendant must be immediate. 2. The defendant must be accountable. 3. The defendant must not have contributed to the provocative conduct. 4. 2 and 3 above. (1) The correct alternative is [1]. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Question 8 Which of the following acts is not an iniuria (infringement of a personality right)? 1. Defamation. 2. Negligent misrepresentation. 3. Invasion of privacy. 4. Adultery. (1) The correct alternative is [2]. Question 9 In which one of the following remedies is there no need to prove damage: 1. Interdict. 2. Actio de pastu. 3. Action for pain and suffering. 4. Actio de pauperie. (1) The correct alternative is [1]. Question 10 For which one of the following remedies is fault not a requirement? 1. Action for pain and suffering. 2. Actio de pauperie. 3. Actio legis Aquiliae. 4. Actio iniuriarum. (1) The correct alternative is [2]. TOTAL MARKS: [10] 13 Downloaded by Justine Daniel () lOMoARcPSD|4773666 Tutorial Letter 201/2/2013 Question 1 Andrew inadvertently damages Ben’s violin. Which delictual action may be available to Ben? 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. actio de pastu 5. none of the above (1) The correct alternative is [1]. Question 2 James employs electronic equipment to listen in on Karl’s telephone conversations. Which remedy or remedies may be available to Karl? 1. actio legis Aquiliae 2. actio iniuriarum 3. actio de pauperie 4. actio de effusis vel deiectis 5. none of the above (1) The correct answer is [2]. Question 3 Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an arm. Which remedy or remedies may be available to Chris? 1. action for pain and suffering 2. actio iniuriarum 3. action for pain and suffering and actio iniuriarum 4. action for pain and suffering and actio de effusis vel deiectis 5. none of the above (1) The correct alternative is [1]. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Question 4 Jors allows Maans to fire some practice shots with his new pistol at an apple on Jors’s head. The second shot makes a hole in Jors’s left ear. Jors institutes a delictual action against Maans. Maans may rely on following defence: 1. private defence 2. execution of an official command 3. provocation 4. consent to the risk of injury 5. none of the above (1) The correct alternative is [5]. Question 5 The principle dictating at what stage prospective loss must be claimed, is known as: 1. the sum-formula approach 2. the “once and for all” rule 3. compensating advantages 4. the concrete approach to damage 5. res inter alios acta (1) The correct alternative is [2]. Question 6 According to the following case the onus is on the plaintiff to prove that the defendant acted voluntarily, rather than on the defendant to prove the presence of automatism: 1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A) 2. Molefe v Mahaeng 1999 1 SA 562 (SCA) 3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA) 4. Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) 5. S v Goliath 1972 3 SA 1 (A) (1) The correct answer is [2]. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Question 7 The following case is regarded as authority for the proposition that killing a person to protect property may be in certain circumstances be justified by private defence: 1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A) 2. Molefe v Mahaeng 1999 1 SA 562 (SCA) 3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA) 4. Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) 5. S v Goliath 1972 3 SA 1 (A) (1) The correct alternative is [1]. Question 8 Alex incites Bert’s dog to bite Charles. Charles kills the dog with his golf club. Bert institutes a delictual claim against Charles. What defence may be available to Charles? 1. private defence 2. necessity 3. provocation 4. volenti non fit iniuria 5. none of the above (1) The correct alternative is [2]. Question 9 Alan causes harm to Bert in a wrongful and culpable manner. If Bert succeeds in holding Charles, Alan’s employer, liable for the damage caused by Alan, Charles will incur: 1. joint and several liability 2. vicarious liability 3. liability based on contributory intent 4. liability based on contributory negligence 5. none of the above (1) The correct alternative is [2]. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Question 10 When an infringement of a fundamental right constitutes a delict per se, this is known as: 1. direct application of the Bill of Rights 2. a constitutional delict 3. vertical application of the Bill of Rights 4. horizontal application of the Bill of Rights 5. indirect application of the Bill of Rights (1) The correct alternative is [2]. TOTAL MARKS: [10] Downloaded by Justine Daniel () lOMoARcPSD|4773666 Tutorial Letter 201/2/2014 Question 1 Which one of the following statements is incorrect with regard to a delict? 1. Breach of contract is a species of the genus delict. 2. A “breach of a duty imposed by law” may constitute a delict. 3. One and the same act may result in a delict and a crime. 4. A delict and a constitutional wrong are two different concepts. (1) The correct alternative is [1]. Question 2 Nomsa’s two year old daughter falls down a flight of stairs. Nomsa believes that the child has sustained a brain injury and rushes her to the hospital. On the way to the hospital Nomsa drives over the neighbour’s dog which subsequently dies. The neighbour institutes a delictual claim against Nomsa. It later transpires that Nomsa’s daughter merely suffered from mild shock. Which one of the following defences may Nomsa rely on? 1. Provocation. 2. Private defence. 3. Necessity. 4. None of the above defences. (1) The correct answer is [4]. Question 3 Themba punches David in the face in an attempt to stop David from hitting him with a spade. David decides to institute a delictual action against Themba for the injury sustained to his face. Which defence could Themba rely on? 1. Provocation. 2. Private defence. 3. Necessity. 4. None of the above defences. (1) The correct alternative is [2]. Downloaded by Justine Daniel () lOMoARcPSD|4773666 Question 4 Choose the correct alternative. Dolus eventualis is present when the wrongdoer… 1. desires a particular indirect result with regard to his conduct and continues with his plan causing the indirect result. 2. does not desire a particular result but foresees the possibility of the result and reconciles himself with that possibility, nevertheless performing the act. 3. directly intends the result of his conduct but simultaneously is aware that another consequence will unfortunately occur. 4. Does not desire a particular result but foresees the possibility of the result, reconciles himself with that possibility and later comes to the conclusion that the result would not happen. (1) The correct alternative is [2]. Question 5 Which of the following statements is correct with regard to accountability? 1. A child under the age of seven is always considered to be culpae capax. 2. There is an irrebuttable presumption that a child between the age of seven and under fourteen years lacks accountability. 3. A person cannot be at fault without being accountable. 4. A person who drinks and drives thereafter causing an accident can never be culpae capax. (1) The correct alternative is [3]. Question 6 Which one of the following is not a requirement under the actio de pastu? 1. The defendant must be the owner of the animal at the time the damage occurs. 2. The animal must be a domestic animal. 3. The animal must cause damage by eating plants. 4. The animal must act of its own free will when causing the damage. (1) The correct answer is [2]. Question 7 Indicate the correct statement with regard to the concurrence of delictual, criminal and contractual liability. 1. A claim for damages is the primary remedy for breach of contract. Downloaded by Justine Daniel () lOMoARcPSD|4773666 2. One and the same act may render the wrongdoer delictually as well as contractually liable. 3. One and the same act cannot found delictual as well as criminal liability. 4.