4/26/25, 9:01 AM Law of Delict exam (2025) comprehensive questions and verified answers (Detailed & Elaborated) ACTUAL EXAM 2025 TEST…
Law of Delict exam (2025) comprehensive
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Terms in this set (71)
An act of a person that in a wrongful and culpable
Definition of a delict
way causes harm to another.
Definition of conduct [Voluntary] human act or omission.
When an accountable person's will is directed at a
Definition of intent result which he causes while conscious of the
wrongfulness of the conduct.
* The defendant must be the owner of the animal
when the damage is inflicted
* The animal must be a domestic animal
Requirements for the * The animal must act contra naturam sui generis
actio pauperie when inflicting the damage
* The prejudiced person or his property must be
lawfully present at the location where the damage is
inflicted.
(a) A diligens paterfamilias in the position of a
defendant -
i. Would foresee the reasonable possibility of his
Test for negligence as conduct injuring another in his person or property
per Kruger v Coetzee 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
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,4/26/25, 9:01 AM Law of Delict exam (2025) comprehensive questions and verified answers (Detailed & Elaborated) ACTUAL EXAM 2025 TEST…
The defendant must be the owner of the animal
when the damage is caused
Definition of actio pastu The animal must cause damage by eating plants
The animal must act of its own volition when causing
damages
An act performed by or at the order of or with the
permission if a director, official or servant of a
An act as a Juristic person juristic person in the exercise of his duties or
test 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 A wrongful act is defined as legally reprehensible or
act: unreasonable conduct by which prejudice is caused.
The relationship between the holder of the right and
A subjective right has
the object of the right has been infringed in a
been infringed when?
legally reprehensible manner.
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
Mckerron deduces from protection the statutory duty was imposed.
case law that in order to c. that the nature of the harm and the manner in
constitute wrongfulness which it occurred are such as are contemplated by
in the circumstances the the enactment
plaintiff must prove the d. that the defendant in fact transgressed the
following: statutory provision
e. that there was a causal nexus between the
transgression of the statutory provision and the
harm
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
Elements of the
without justification
justification of defense:
c.The attack must have already have commenced or
be imminently threatening, but must not have
ceased.
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a. the defense must be directed against the
aggressor himself
Requirements for the b. the defense must be necessary to protect the
justification of defense: threatened right
c. the act of defense must not be more harmful than
is necessary to ward off the attack
A state of necessity exists when the defendant is
placed in such a position by superior force that he is
Definition of necessity
able to protect his interests only by reasonably
violating the interests if an innocent third party.
a. Whether a state of necessity really exists, not
whether it has been caused by human action,
animals, forces of nature
b.The possible state of necessity must be
determined objectively.
c. The state of necessity must be present or
imminent.
d. The defendant need not only protect his own
Guidelines in determining interests.
the presence of necessity e. Not only life or physical integrity, but also other
interests such as property may be protected out of
necessity.
f. A person may not rely on necessity where he is
legally compelled to endure the danger.
g. The interest that the sacrificed must not be more
valuable that the interest that is protected.
h. The act of necessity must be the only reasonably
possible means of escaping the danger.
Provocation is present when a defendant is
Definition of provocation
provoked or incited by words or actions to cause
( justification)
harm to the plaintiff
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Law of Delict exam (2025) comprehensive
questions and verified answers (Detailed &
Elaborated) ACTUAL EXAM 2025 TEST 100%
Solved 2025!!
Save
Terms in this set (71)
An act of a person that in a wrongful and culpable
Definition of a delict
way causes harm to another.
Definition of conduct [Voluntary] human act or omission.
When an accountable person's will is directed at a
Definition of intent result which he causes while conscious of the
wrongfulness of the conduct.
* The defendant must be the owner of the animal
when the damage is inflicted
* The animal must be a domestic animal
Requirements for the * The animal must act contra naturam sui generis
actio pauperie when inflicting the damage
* The prejudiced person or his property must be
lawfully present at the location where the damage is
inflicted.
(a) A diligens paterfamilias in the position of a
defendant -
i. Would foresee the reasonable possibility of his
Test for negligence as conduct injuring another in his person or property
per Kruger v Coetzee 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
https://quizlet.com/1035979664/law-of-delict-exam-2025-comprehensive-questions-and-verified-answers-detailed-elaborated-actual-exam-2025-… 1/16
,4/26/25, 9:01 AM Law of Delict exam (2025) comprehensive questions and verified answers (Detailed & Elaborated) ACTUAL EXAM 2025 TEST…
The defendant must be the owner of the animal
when the damage is caused
Definition of actio pastu The animal must cause damage by eating plants
The animal must act of its own volition when causing
damages
An act performed by or at the order of or with the
permission if a director, official or servant of a
An act as a Juristic person juristic person in the exercise of his duties or
test 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 A wrongful act is defined as legally reprehensible or
act: unreasonable conduct by which prejudice is caused.
The relationship between the holder of the right and
A subjective right has
the object of the right has been infringed in a
been infringed when?
legally reprehensible manner.
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
Mckerron deduces from protection the statutory duty was imposed.
case law that in order to c. that the nature of the harm and the manner in
constitute wrongfulness which it occurred are such as are contemplated by
in the circumstances the the enactment
plaintiff must prove the d. that the defendant in fact transgressed the
following: statutory provision
e. that there was a causal nexus between the
transgression of the statutory provision and the
harm
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
Elements of the
without justification
justification of defense:
c.The attack must have already have commenced or
be imminently threatening, but must not have
ceased.
https://quizlet.com/1035979664/law-of-delict-exam-2025-comprehensive-questions-and-verified-answers-detailed-elaborated-actual-exam-2025-… 2/16
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a. the defense must be directed against the
aggressor himself
Requirements for the b. the defense must be necessary to protect the
justification of defense: threatened right
c. the act of defense must not be more harmful than
is necessary to ward off the attack
A state of necessity exists when the defendant is
placed in such a position by superior force that he is
Definition of necessity
able to protect his interests only by reasonably
violating the interests if an innocent third party.
a. Whether a state of necessity really exists, not
whether it has been caused by human action,
animals, forces of nature
b.The possible state of necessity must be
determined objectively.
c. The state of necessity must be present or
imminent.
d. The defendant need not only protect his own
Guidelines in determining interests.
the presence of necessity e. Not only life or physical integrity, but also other
interests such as property may be protected out of
necessity.
f. A person may not rely on necessity where he is
legally compelled to endure the danger.
g. The interest that the sacrificed must not be more
valuable that the interest that is protected.
h. The act of necessity must be the only reasonably
possible means of escaping the danger.
Provocation is present when a defendant is
Definition of provocation
provoked or incited by words or actions to cause
( justification)
harm to the plaintiff
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