201-2-2016
Question 1
Jacob tells Cyril that Henry, the mayor of Pretoria, has embezzled money. Cyril repeats this information
to Zapiro, a cartoonist for a local newspaper. Zapiro investigates and finds the information to be true. He
draws a cartoon depicting this and publishes it in the newspaper, The Daily Update, with the knowledge
of the editor Piet. Which one of the following options is the most correct?
1. Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
2. Jacob, Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
3. Jacob, Cyril, Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
4. No one will incur liability with the actio iniuriarum.
Question 2
Mary, a financial adviser, negligently advises Musti to make a bad investment. As a result of this, Musti
suffers a serious financial setback. However, there is no damage to Musti’s person or property. Which
one of the following delictual remedies may be available if Musti wishes to recover his financial loss
from Mary?
1. The actio legis Aquiliae.
2. The actio iniuriarum.
3. The action for pain and suffering.
4. None of the above.
Question 3
Indicate the correct statement:
1. Irrational human behaviour cannot constitute conduct for the purposes of the law of delict.
2. Human behaviour need not be willed to constitute conduct.
3. The behaviour of an animal can constitute conduct under certain circumstances.
4. The presence of a so-called actio libera in causa confirms the presence of automatism. (1)
, Question 4
Harry’s prize bull breaks through a fence and ventures onto Mark’s farm. The bull is aggressive and
charges at Mark’s employees. The employees clamber into a small tree to escape the wrath of the bull.
The bull begins to bash the trunk of the tree. As the tree appears to be about to topple, Mark shoots and
kills the bull to save his employees. Harry institutes an action for damages against Mark. Mark may raise
the following ground of justification:
1. Necessity
2. Private defence.
3. Provocation.
4. Official capacity
Question 5
Which is the odd one out?
1. The adequate causation theory.
2. The sum-formula approach.
3. Direct consequences.
4. Normative foreseeability
The rest relate to establishing legal causation whilst the sum-formula approach is used in determining the element
of harm/loss/damage
Question 6
Mike’s cow eats and tramples George’s crops. Mike forgot to close the gate between his and George’s
land. Which remedy or remedies may be available to George?
1. actio de pauperie and actio legis Aquiliae.
2. actio de pastu only.
3. actio de pauperie only.
4. actio de pastu and actio legis Aquiliae.
Question 1
Jacob tells Cyril that Henry, the mayor of Pretoria, has embezzled money. Cyril repeats this information
to Zapiro, a cartoonist for a local newspaper. Zapiro investigates and finds the information to be true. He
draws a cartoon depicting this and publishes it in the newspaper, The Daily Update, with the knowledge
of the editor Piet. Which one of the following options is the most correct?
1. Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
2. Jacob, Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
3. Jacob, Cyril, Zapiro, The Daily Update and Piet will incur liability with the actio iniuriarum.
4. No one will incur liability with the actio iniuriarum.
Question 2
Mary, a financial adviser, negligently advises Musti to make a bad investment. As a result of this, Musti
suffers a serious financial setback. However, there is no damage to Musti’s person or property. Which
one of the following delictual remedies may be available if Musti wishes to recover his financial loss
from Mary?
1. The actio legis Aquiliae.
2. The actio iniuriarum.
3. The action for pain and suffering.
4. None of the above.
Question 3
Indicate the correct statement:
1. Irrational human behaviour cannot constitute conduct for the purposes of the law of delict.
2. Human behaviour need not be willed to constitute conduct.
3. The behaviour of an animal can constitute conduct under certain circumstances.
4. The presence of a so-called actio libera in causa confirms the presence of automatism. (1)
, Question 4
Harry’s prize bull breaks through a fence and ventures onto Mark’s farm. The bull is aggressive and
charges at Mark’s employees. The employees clamber into a small tree to escape the wrath of the bull.
The bull begins to bash the trunk of the tree. As the tree appears to be about to topple, Mark shoots and
kills the bull to save his employees. Harry institutes an action for damages against Mark. Mark may raise
the following ground of justification:
1. Necessity
2. Private defence.
3. Provocation.
4. Official capacity
Question 5
Which is the odd one out?
1. The adequate causation theory.
2. The sum-formula approach.
3. Direct consequences.
4. Normative foreseeability
The rest relate to establishing legal causation whilst the sum-formula approach is used in determining the element
of harm/loss/damage
Question 6
Mike’s cow eats and tramples George’s crops. Mike forgot to close the gate between his and George’s
land. Which remedy or remedies may be available to George?
1. actio de pauperie and actio legis Aquiliae.
2. actio de pastu only.
3. actio de pauperie only.
4. actio de pastu and actio legis Aquiliae.
