PVL3703 Assignment 3 Semester 1 2023

PVL3703 Assignment 3 (QUIZ) Semester 1 2023 () 100% TRUSTED working Question 1 Which is the odd one out? a. _Weber v Santam Versekeringsmaatskappy Bpk_ 1983 1 SA 381 (A). b. _Van Wyk v Lewis_ 1924 AD 438. c. _Eskom Holdings Ltd v Hendricks_ 2005 5 SA 503 (SCA). d. _Roxa v Mtshayi_ 1975 3 SA 761 (A). Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 2 Not yetanswered Marked out of 2 Zama plays tennis in his back yard. He foresees the possibility of his ball breaking a window in his neighbour’s house but decides that it will not happen. If the ball indeed breaks thewindow, Zama had the following form of fault in respect of the damage: a. Contributory negligence. b. _Luxuria_. c. _Dolus indeterminatus_. d. _Dolus determinatus_. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 3 Not yetanswered Marked out of 2 Which one of the following cases is most frequently cited for its clear formulation of the test for negligence? a. _Kruger v Coetzee _1966 2 SA 428 (A). b. _S v Goliath_ 1972 3 SA 1 (A). c. _First National Bank of South Africa Ltd v Duvenhage_ 2006 5 SA 319 (SCA). d. _Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus curiae)_ 2003 1 SA 389 (SCA). Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 4 Not yetanswered Marked out of 2 Harry’s cattle graze and trample Sally’s sorghum fields, destroying her crops. If Sally wishes to institute a delictual action against Harry, she would need to prove that Harry had thefollowing form/s of fault (select the best option): a. Negligence. b. Intention. c. Intention or negligence. d. It is not necessary to prove any form of fault because liability would be strict. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 5 Not yetanswered Marked out of 2 John wants to spy on Thandi, his competitor in business. For this purpose, he installs a surveillance device in the roof of the premises where Thandi’s business is located. John needs tobreak a hole into the roof to accomplish this. He foresees the possibility that rainwater may leak into the building and may damage Thandi’s merchandise, but reconciles himself withthe possibility and proceeds nevertheless. After three days, he has managed to learn all Thandi’s trade secrets. In respect of the unauthorized acquisition of the trade secrets, John has: a. _Dolus eventualis_. b. _Dolus directus_. c. _Dolus indeterminatus_. d. _Dolus indirectus_. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 6 Not yetanswered Marked out of 2 Policeman Phiri dislikes Bongi intensely. One day on patrol, Phiri finds Bongi walking in the road and minding his own business. Phiri takes Bongi captive and locks him up in a policecell for six hours. He then lets Bongi go with a warning not to tell anybody. If Bongi wishes to institute a delictual action against Phiri, he would need to prove that Phiri had thefollowing form/s of fault (select the best option): a. Intention. b. Intention or negligence. c. It is not necessary to prove any form of fault because liability would be strict. d. Negligence. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 7 Not yetanswered Marked out of 2 John wants to spy on Thandi, his competitor in business. For this purpose, he installs a surveillance device in the roof of the premises where Thandi’s business is located. John needs tobreak a hole into the roof to accomplish this. He foresees the possibility that rainwater may leak into the building and may damage Thandi’s merchandise, but reconciles himself withthe possibility and proceeds nevertheless. After three days, he has managed to learn all Thandi’s trade secrets. In respect of the damage to the roof, John has: a. _Dolus directus_. b. _Dolus indeterminatus_. c. _Dolus indirectus_. d. _Dolus eventualis_. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 8 Not yetanswered Marked out of 2 Indicate the INCORRECT statement regarding intent. a. _Dolus indeterminatus_ exists where the wrongdoer’s will is directed at the result which he causes while he has no specific person or object in mind. b. According to Neethling and Potgieter, consciousness of wrongfulness is a requirement for intent. c. Only an accountable person can act with intent. d. _Dolus eventualis_ exists where the wrongdoer directly wills one consequence of his conduct but at the same time acknowledges that another consequence will unavoidablyoccur. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 9 Not yetanswered Marked out of 2 Tim is an employee in Tina’s florist business. Tina tells Tim to take the delivery van to deliver flowers to a function venue. Along the way, Tim crashes into Mike’s roadside kitchen,destroying it completely. If Mike wishes to institute a delictual action against Tina, he would need to prove that Tim had the following form/s of fault (select the best option): a. Negligence. b. Intention or negligence. c. It is not necessary to prove any form of fault because liability would be strict. d. Intention. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 10 Not yetanswered Marked out of 2 One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintainingthe train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train tofasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down andcomes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. The question whether Sipho’s conduct was negligent,will be answered by asking (select the best option): a. Whether Sipho directed his will at the harm and was conscious of the wrongfulness thereof. b. Whether the doctrine of sudden emergency is applicable. c. Whether the reasonable person in Sipho’s position would have foreseen and prevented the harm. d. Whether Sipho would have foreseen and prevented the harm under the circumstances. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 11 Not yetanswered Marked out of 2 One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintainingthe train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train tofasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down andcomes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril is discharged, but on her wayout of the hospital, she slips and falls as a result of some oily substance on the floor. Due to the fall, Avril sustains a broken leg. Whether there was a legal causal link between Sipho’sconduct and Avril’s broken leg, will be determined with reference to: a. The but for-test. b. The flexible approach. c. Direct consequences. d. Adequate causation. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 12 Not yetanswered Marked out of 2 Which statement is INCORRECT in respect of legal causation? a. A legal causal link between an act and a consequence is determined by mentally eliminating the act and inquiring whether the consequence will then also disappear. b. A legal causal link is determined with reference to policy considerations of reasonableness, fairness and justice. c. When determining legal causation, standards such as adequate causation and direct consequences may be used as subsidiary tests. d. A legal causal link exists if there is a sufficiently close link between an act and a consequence that the consequence may be imputed to the wrongdoer. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 13 Not yetanswered Marked out of 2 Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks his right arm. Chris’ arm is set in plaster and he incurs medical costs. In addition, he cannot performhis work while his arm is immobilised for healing, and he suffers a loss of income. Which of the following is correct (select the best option)? a. There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily integrity, the incurred medical costs, and the loss of income. b. There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily integrity and the incurred medical costs. c. There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily integrity only. d. There is no factual causal link between Mark’s conduct and any harm suffered by Chris. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 14 Not yetanswered Marked out of 2 Which one of the following cases hampered the development of the _actio legis Aquiliae_ to its logical conclusion? a. _Carmichele v Minister of Safety and Security (Centre for Applied Legal Studies Intervening)_ 2001 4 SA 938 (CC). b. _Union Government v Ocean Accident and Guarantee Corporation Ltd_ 1956 1 SA 577 (A). c. _Cape Town Municipality v Bakkerud_ 2000 3 SA 1049 (SCA). d. _Crown Chickens (Pty) Ltd t/a Rocklands Poultry v Rieck_ 2007 2 SA 118 (SCA). Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 15 Not yetanswered Marked out of 2 Which one of the following is NOT a requirement for an interdict? a. There must be no other remedy available to the applicant. b. There must be an infringement or a threat of an infringement of a clear right. c. There must be a “clear right”. d. Either intention or negligence must be present. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 16 Not yetanswered Marked out of 2 Indicate the correct statement in respect of delictual remedies. a. Intention is always a requirement for the _actio iniuriarum_. b. South African law follows the casuistic approach in respect of delictual liability. c. The _actio iniuriarum_ is in principle directed at “satisfaction” for the wrongful and intentional injury to personality. d. In practice, invasion of privacy is considered a form of _damnum iniuria datum_. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 17 Not yetanswered Marked out of 2 Molebo inadvertently drops and damages Hellen’s mobile phone. Which delictual remedy or remedies may be available to Hellen? a. _Actio legis Aquiliae _and the_ _action for pain and suffering. b. _Actio iniuriarum _only. c. _Actio legis Aquiliae _only. d. _Actio iniuriarum _and the _actio legis Aquiliae_. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 18 Not yetanswered Marked out of 2 Which one of the following benefits is taken into account in reducing the amount of damages awarded to a plaintiff? a. An award from the Compensation Commissioner. b. Donations or _ex gratia_ benefits. c. Insurance money received. d. Benefits received in terms of life assurance. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 19 Not yetanswered Marked out of 2 Which one of the following is NOT a requirement for the vicarious liability of an employer? a. The employer must have been negligent in his supervision of the employee. b. The employee must have acted in the scope of his employment. c. The employee must have committed a delict. d. An employer-employee relationship. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 20 Not yetanswered Marked out of 2 Which of the following principles relates to the maxim that you must “take your victim as you find him”? a. The “_talem qualem_” rule. b. The “once and for all” rule. c. The “sum formula” approach. d. The “mitigation” of loss principle. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 21 Not yetanswered Marked out of 2 The quantum of a claim for hospital costs must preferably be determined in accordance with (select the best option): a. The “once and for all” rule. b. The sum-formula approach. c. The concrete approach to damage. d. Mitigation of damage. Clear my choice ◄ Assessment 2 Jump to... Glossary ► Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 22 Not yetanswered Marked out of 2 Roy is the owner of a big Koi fish farm. Garth is employed by Roy as foreman and second-in-charge. Garth has recently inherited a lot of money when his wealthy father died, butbecause he loves Koi fish so much and because he has a good relationship with Roy, he decides to stay on in the business in the same capacity. On one Tuesday morning, Royinstructs Garth to take the delivery van and make a delivery. Along the way, Garth loses control of the van, crashes into Lucky’s roadside vendor stall, and destroys it and all themerchandise completely. Advise Lucky on the best course of action: a. Institute the _amende honorable_ against Garth. b. Institute an action for damages against Roy based on vicarious liability. c. Institute an action for damages against Garth in his personal capacity. d. Institute an action for damages against Garth in his personal capacity and, in the alternative, against Roy based on vicarious liability. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 23 Not yetanswered Marked out of 2 Lionel is a sales rep and uses his car daily to earn an income. He takes his car to Mike’s Mechanics for a service. A fire breaks out at the premises and destroys Lionel’s car. The fireresulted from negligent conduct on Mike’s part. Lionel institutes a delictual claim against Mike’s Mechanics. In addition to the value of his car, he also wishes to claim an amount thathe has paid to Budget Rentals for renting a car to enable him to continue doing his work and thus earning an income while waiting for the outcome of the litigation. In respect of thissecond amount (select the best option): a. Lionel will succeed, because of the mitigation of loss rule. b. Lionel will not succeed, because the rental of the car is regarded as _res inter alios acta_. c. Lionel will not succeed, because Mike’s Mechanics cannot be made a party to the contractual relations between Lionel and Budget Rentals. d. Lionel will succeed, because a legal causal link exists between the conduct of Mike’s Mechanics and the amount that Lionel had to pay to Budget Rentals. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 24 Not yetanswered Marked out of 2 Sean is employed by Raymond as a driver in Raymond’s courier business. Sean has the weekend off and decides to visit Mary on Saturday evening. On his way to Mary’s apartment,Sean is involved in an accident due to his own negligence. Sean’s vehicle and also the vehicle of Catherine, the other motorist who is involved in the accident, are badly damaged.Catherine discovers that Sean’s financial position is not good. Advise Catherine on the best course of action: a. Institute an action against Raymond and Sean as joint wrongdoers. b. Institute an action against Sean. c. Institute an action against Raymond based on _culpa in eligendo_. d. Institute an action against Raymond based on vicarious liability. Clear my choice ◄ Assessment 2 Jump to... Glossary ►  Dashboard / My courses / PVL3703-23-S1 / Welcome Message / Assessment 3  Dashboard Calendar Question 25 Not yetanswered Marked out of 2 _Greater Johannesburg Transitional Metropolitan Council v ABSA Bank Ltd_ 1997 2 SA 591 (W) dealt with: a. Defamation. b. Negligent misrepresentation. c. Unlawful competition. d. Pure economic loss.