LAW PVL3703 Law Of Delict South Africa (PVL3703)

1. Which one of the following remedies is instituted for personality infringements? a) The action legis Aquiliae. b) The action iniuriarum. c) The action for pain and suffering. d) The interdict. 2. Which one of the following statements is incorrect with regard to the defence of automatism? a) A reflex movement may cause a person to behave involuntarily and he/she may rely on automatism. b) According to Van der Merwe and Olivier, automatism does not exclude conduct in delict. c) A perso...

Introduction 1. Which one of the following statements in respect of the relationship between the law of delict and criminal law is correct ? (a) All crimes also qualify as delicts. Incorrect – some crimes, like blasphemy, high treason and parking offences, are not delicts. (b) All delicts also qualify as crimes. Incorrect – some delicts like adultery, breach of promise and negligent damage to property, are not crimes. (c) The primary function of both delictual remedies and criminal ...

PVL3703_FINAL EXAM PACK 2020. PVL3703 Law Of Delict South Africa. Name the requirements for the granting of an interdict:  There must be an act by the respondent 10 | P a g e  The act must be wrongful  No other remedy must be available 5.2. Name the requirements of the action de pauperie:  the defendant must be the owner of the animal when the damage is inflicted  the animal must be a domestic animal  the animal must act contrary to its own nature when inflicting damage...

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020. Bongani’s cow eats and tramples Mandla’s maize crops. Bongani forgot to close the gate between his and Mandla’s land. Which remedy or remedies is available to Mandla? a) The actio de pauperie and actio legis Aquiliae b) The actio de pauperie and interdict c) The actio de pastu only d) The actio de pastu and actio legis Aquiliae 5. Which one of the following is incorrect? a) An epileptic seizure may cause a person to behave involuntari...

1. Which one of the following remedies is instituted for personality infringements? a) The action legis Aquiliae. b) The action iniuriarum. c) The action for pain and suffering. d) The interdict. 2. Which one of the following statements is incorrect with regard to the defence of automatism? a) A reflex movement may cause a person to behave involuntarily and he/she may rely on automatism. b) According to Van der Merwe and Olivier, automatism does not exclude conduct in delict. c) A perso...

SECTION A Multiple Choice 1. - 1 2. - 2 3. - 5 4. - 3 5. - 2 6. - 2 7. - 2 8. - 1 9. - 2 10.- 5 11.- 4 (even though animal –it’s used as instrument by human act) 12.- 5 13.- 4 14.- 1 15.- 2 SECTION B Question 1 1.1. Intent is present if the Defendant’s will is directed at a result which he causes whilst conscious of the wrongfulness of his conduct. 1.2. The BONIS MORES Test – legal convictions of the community. 1.3. Unlawful infringement of an interest. 1.4. (a) th...

Law of Delict (PVL3703) Past exam answers from May/June 2016 - Oct/Nov 2018 V

Law of Delict (PVL3703) exam memos from May/June 2016 - Oct/Nov 2018. Note: Not guaranteed that all answers contained in this document are 100% correct. Oct/Nov 2018 1 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 3. Direct application means that the state must generally respect fundamental r...

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury ...