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SCL1501 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026

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SCL1501 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026 ......... Question 1 (a) Briefly discuss the differences between Civil law and Criminal Law. (10) (b) Based on your answer to question 1(a) above, indicate which area of law is applicable to legal dispute involving a damage caused to X’s property by foraging (or straying) livestock belong to Y. Provide reasons to substantiate your answer. (3) (c) Who are the parties to a criminial case? In your answer, indicate how these parties differ from those in a civil case. (2) [15] Question 2 Read the following scenario and then answer the questions set out below. Mr Xulu wants to approach the Small Claims Court to recover an amount of R10 000 owed to him by Ms Smith. He is worried about the legal costs of instructing an attorney to recover the said amount, doubting if he has made the right decision to approach the Court. As a law student, advise on the following: 2.1 Can Mr Xulu appoint an attorney to represent him in the Small Claims Court? In your answer, discuss how the matters are settled in this Court. (5) 2.2 Is there a difference between an advocate and an attorney? Discuss. (10) [15] Question 3 3.1 You want to borrow R300 000 to buy a Mercedes Benz. The bank’s interest rate for motor vehicles is 16,25%. You intend to repay the amount over 54 months. How much will you eventually pay for the car? In your answer, you must show the calculations. (6) 3.2 If you invested R150 000 at a bank and earned 15% interest per annum, how much interest would you have earned for a period of two years? In your answer, you must show the calculations. (4) [10]

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SCL1501
Assignment 1 Semester 1 2026
Unique number:
Due date: March 2026
QUESTION 1

(a) Briefly discuss the differences between Civil law and Criminal Law.

Civil Law

Civil law regulates the legal relationships between private individuals or legal persons
within society. Its primary purpose is to protect the rights and interests of individuals when
those rights have been infringed by another person. Where one person interferes with the
rights of another, for example through damage to property or breach of a legal duty, the
injured party may institute a civil claim before a civil court. The focus in civil proceedings is
not punishment, but restoration of rights or compensation for harm suffered. If the court
finds that a person has committed a delict or breached a legal obligation, it will declare
that person liable and order an appropriate remedy, such as payment of damages. Civil
law therefore centres on liability and redress between private parties, ensuring that




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, QUESTION 1

(a) Briefly discuss the differences between Civil law and Criminal Law.

Civil Law

Civil law regulates the legal relationships between private individuals or legal
persons within society. Its primary purpose is to protect the rights and interests of
individuals when those rights have been infringed by another person. Where one
person interferes with the rights of another, for example through damage to property
or breach of a legal duty, the injured party may institute a civil claim before a civil
court. The focus in civil proceedings is not punishment, but restoration of rights or
compensation for harm suffered. If the court finds that a person has committed a
delict or breached a legal obligation, it will declare that person liable and order an
appropriate remedy, such as payment of damages. Civil law therefore centres on
liability and redress between private parties, ensuring that harmony and fairness are
maintained within the community.1




Criminal Law

Criminal law governs conduct that disturbs public peace, order and security within
society. When an individual commits an act that is prohibited by law, such as murder
or theft, that conduct is regarded as a crime against the community as a whole. In
such cases, the state prosecutes the accused person on behalf of society. The
objective of criminal proceedings is not to compensate a victim, but to determine guilt
and, if appropriate, impose punishment. Criminal sanctions may include
imprisonment, fines, correctional supervision or community service. The state bears
the responsibility of proving the accused’s guilt in a criminal court. Criminal law
therefore protects societal interests by deterring unlawful conduct and maintaining
public order, whereas civil law focuses on resolving disputes between private
individuals.2


1
D Letsoalo, Skills Course for Law Students (Only Study Guide for SCL1501) (University of South
Africa 2019).
2
Ibid

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