Page 1 of G
PVL3703
OCT/NOV 2025
UNIVERSITY EXAMINATIONS
PVL3703
LAW OF DELICT
OCT/NOV 2025
Memorandum
100 Marks
4 Hours (11:45 — 15:45)
20 OCTOBER 2025
This paper consists of 9 pages.
This is a closed-book examination
Instructions:
, Page 2 of G
PVL3703
OCT/NOV 2025
Note that the Bold words are very important. Don’t write cases
in full
QUESTION 1
1.1 Thabiso attacks his girlfriend, Dipalesa, without any provocation. Dipalesa suffers from broken
bones in her nose, one right rib, and her left lower leg. She experiences intense pain and requires
medical treatment. Name the delictual actions that Dipalesa can institute against Thabiso and
briefly explain your answer with reference to the distinctive requirements of the relevant delictual
actions. (9)
Dipalesa can pursue the following legal actions against Thabiso:
1. Actio legis Aquiliae
2. Actio iniuriarum
3. Action for pain and suffering
Actio legis Aquiliae – Patrimonial Loss- is used to recover patrimonial (financial) damages caused
wrongfully and culpably. An affirmative action taken by Thabiso (the attack). The behavior is illegal, as
there was no reason or cause for it. Thabiso acted with intention. His actions led to Dipalesa's injuries.
Dipalesa incurred financial losses due to medical and hospital expenses. She may claim these
expenses under the actio legis Aquiliae. Authority: according to Neethling, Potgieter “The actio legis
Aquiliae provides compensation for patrimonial loss, for example hospital and medical expenses
resulting from an assault.
Actio iniuriarum – Non-patrimonial Loss (Personality Rights)
Purpose:
To obtain satisfaction (solatium) for the intentional and wrongful infringement of a person’s personality
rights (e.g. bodily integrity, dignity). Thabiso’s unprovoked attack intentionally violated Dipalesa’s right
to bodily integrity and dignity, entitling her to satisfaction (solatium). “The actio iniuriarum protects the
right to corpus or bodily integrity against intentional and wrongful infringements such as assault.”
Action for Pain and Suffering – Non-patrimonial loss linked to physical integrity
To claim compensation for pain, suffering, and loss of amenities of life arising from a culpable
infringement of physical or mental integrity. Dipalesa endured intense physical pain and emotional
distress due to the assault; thus, she can claim compensation under the action for pain and suffering.
“Compensation may be claimed under the action for pain and suffering for non-patrimonial harm such as
pain and loss of amenities of life resulting from a culpable infringement of bodily integrity.”
PVL3703
OCT/NOV 2025
UNIVERSITY EXAMINATIONS
PVL3703
LAW OF DELICT
OCT/NOV 2025
Memorandum
100 Marks
4 Hours (11:45 — 15:45)
20 OCTOBER 2025
This paper consists of 9 pages.
This is a closed-book examination
Instructions:
, Page 2 of G
PVL3703
OCT/NOV 2025
Note that the Bold words are very important. Don’t write cases
in full
QUESTION 1
1.1 Thabiso attacks his girlfriend, Dipalesa, without any provocation. Dipalesa suffers from broken
bones in her nose, one right rib, and her left lower leg. She experiences intense pain and requires
medical treatment. Name the delictual actions that Dipalesa can institute against Thabiso and
briefly explain your answer with reference to the distinctive requirements of the relevant delictual
actions. (9)
Dipalesa can pursue the following legal actions against Thabiso:
1. Actio legis Aquiliae
2. Actio iniuriarum
3. Action for pain and suffering
Actio legis Aquiliae – Patrimonial Loss- is used to recover patrimonial (financial) damages caused
wrongfully and culpably. An affirmative action taken by Thabiso (the attack). The behavior is illegal, as
there was no reason or cause for it. Thabiso acted with intention. His actions led to Dipalesa's injuries.
Dipalesa incurred financial losses due to medical and hospital expenses. She may claim these
expenses under the actio legis Aquiliae. Authority: according to Neethling, Potgieter “The actio legis
Aquiliae provides compensation for patrimonial loss, for example hospital and medical expenses
resulting from an assault.
Actio iniuriarum – Non-patrimonial Loss (Personality Rights)
Purpose:
To obtain satisfaction (solatium) for the intentional and wrongful infringement of a person’s personality
rights (e.g. bodily integrity, dignity). Thabiso’s unprovoked attack intentionally violated Dipalesa’s right
to bodily integrity and dignity, entitling her to satisfaction (solatium). “The actio iniuriarum protects the
right to corpus or bodily integrity against intentional and wrongful infringements such as assault.”
Action for Pain and Suffering – Non-patrimonial loss linked to physical integrity
To claim compensation for pain, suffering, and loss of amenities of life arising from a culpable
infringement of physical or mental integrity. Dipalesa endured intense physical pain and emotional
distress due to the assault; thus, she can claim compensation under the action for pain and suffering.
“Compensation may be claimed under the action for pain and suffering for non-patrimonial harm such as
pain and loss of amenities of life resulting from a culpable infringement of bodily integrity.”
