Law of Delict (PVL3703) exam memos from May/June 2016 - Oct/Nov 2019.
Oct/Nov 2019
1 Which one of the following remedies is instituted for personality infringements?
1. The actio legis Aquiliae
2. The actio iniuriarum
3. The action for pain and suffering
4. The interdict
2 Which of the following statements is incorrect with regard to the defence of automatism?
1. A reflex movement may cause a person to behave involuntarily and he/she may rely on
automatism.
2. According to Van der Merwe and Olivier, automatism does not exclude conduct in delict.
3. A person may not rely on automatism if he/she intentionally created the situation in which
he/she behaves involuntarily.
4. The person relying on sane automatism in a delictual case, bears the onus of proving it.
3 Mpho plants a bomb in a busy restaurant. Before the bomb explodes and causes damage, it is
discovered and rendered harmless. Which of the following statements is correct with regard to
Mpho’s act?
1. Mpho’s act is delictually wrongful
2. Mpho’s act is not delictually wrongful
3. Even though Mpho’s act is delictually wrongful, no delict was committed
4. Mpho had the intention to cause harm, therefore he committed a delict
4 In which one of the following judgments did the court accept that wrongfulness consists in the
infringement of a right, breach of a legal duty, and the reasonableness of holding a defendant liable?
1. Minister van Polisie v Ewels 1975 3 SA 590 (A)
2. Telematrix (Pty) Ltd t/a Marix Vehicle Tracking v Advertising Standards Authority SA 2006 1 SA
461 (SCA)
3. Loureiro v Imvula Quality Protection (Pty) Ltd 2014 (3) SA 394 (CC)
4. Le Roux v Dey 2011 (3) SA 274 (CC)
5 In which of the following circumstances may X rely on “private defence”?
1. X, a prisoner whose prison term has expired, is not released. In order to escape prison, X
assaults the guard who refuses to release him.
2. The owner of a farm Z, while placing his hand on his rifle, tells X that he is trespassing on his
land and that if he does not leave within the next hour he will forcefully remove him. X
immediately reacts by striking Z with a knife.
3. X is attacked and bitten while playing with the neighbour’s dog. X reacts by striking the dog
with a stick, injuring it.
4. A policeman with a valid warrant of arrest for X, arrests X. X resists the arrest and strikes the
policeman, injuring him.
, 6 Which of the following statements is correct with regard to the requirements of consent?
1. There must be an agreement between the person consenting (the injured person) and the
actor
2. The person giving the consent must have full legal capacity to act
3. Mere knowledge of the risk of harm is sufficient for the requirement of “appreciation” of the
risk of harm
4. The person consenting must be able to express his will
7 Humbulani and Patricia are neighbours. Humbulani often has quarrels with Patricia and does not like
her. Humbulani builds a large shed for his chickens on his property in order to spoil Patricia’s beautiful
view. It appears that Humbulani did indeed need a shed, but that he could easily have built it
elsewhere on his property. Which of the following statements is correct with regard to Humbulani’s
act?
1. Humbulani’s improper motive renders his act wrongful
2. Humbulani furthered a reasonable interest of his own and thus did not act wrongfully
3. Humbulani exceeded his capacity as an owner and abused his right
4. Option 1 and 3 above
8 A terrorist places a time-bomb in a busy restaurant. The bomb explodes and injures Xholisi. In respect
of Xholisi’s injuries, the terrorist had:
1. dolus indirectus
2. dolus directus
3. dolus indeterminatus
4. dolus eventualis
9 In which of the following cases did the court decide that the test for negligence for a child is no longer
the reasonable child standard?
1. Bester v Commercial Union Versekeringsmaatskappy van SA Bpk 1973 (1) SA 769 (A)
2. Barnard v Santambank 1999 (1) SA 202 (SCA)
3. Jones NO v Santam Bpk 1965 (2) SA 542 (A)
4. Van Wyk v Lewis 1924 AD 438
10 Tshepo’s bull eats and tramples Grace’s maize crops. Tshepo forgot to close the gate between his and
Grace’s land. Which remedy or remedies may be available to Grace?
1. The actio de pauperie and actio legis Aquiliae
2. The actio de pauperie and interdict
3. The actio de pastu only
4. The actio de pastu and actio legis Aquiliae
11 Maureen inadvertently damages Lora’s drum. Which delictual action may be available to Lora?
1. The actio legis Aquiliae
2. The actio iniuriarum
3. The actio de pastu
4. None of the above
Oct/Nov 2019
1 Which one of the following remedies is instituted for personality infringements?
1. The actio legis Aquiliae
2. The actio iniuriarum
3. The action for pain and suffering
4. The interdict
2 Which of the following statements is incorrect with regard to the defence of automatism?
1. A reflex movement may cause a person to behave involuntarily and he/she may rely on
automatism.
2. According to Van der Merwe and Olivier, automatism does not exclude conduct in delict.
3. A person may not rely on automatism if he/she intentionally created the situation in which
he/she behaves involuntarily.
4. The person relying on sane automatism in a delictual case, bears the onus of proving it.
3 Mpho plants a bomb in a busy restaurant. Before the bomb explodes and causes damage, it is
discovered and rendered harmless. Which of the following statements is correct with regard to
Mpho’s act?
1. Mpho’s act is delictually wrongful
2. Mpho’s act is not delictually wrongful
3. Even though Mpho’s act is delictually wrongful, no delict was committed
4. Mpho had the intention to cause harm, therefore he committed a delict
4 In which one of the following judgments did the court accept that wrongfulness consists in the
infringement of a right, breach of a legal duty, and the reasonableness of holding a defendant liable?
1. Minister van Polisie v Ewels 1975 3 SA 590 (A)
2. Telematrix (Pty) Ltd t/a Marix Vehicle Tracking v Advertising Standards Authority SA 2006 1 SA
461 (SCA)
3. Loureiro v Imvula Quality Protection (Pty) Ltd 2014 (3) SA 394 (CC)
4. Le Roux v Dey 2011 (3) SA 274 (CC)
5 In which of the following circumstances may X rely on “private defence”?
1. X, a prisoner whose prison term has expired, is not released. In order to escape prison, X
assaults the guard who refuses to release him.
2. The owner of a farm Z, while placing his hand on his rifle, tells X that he is trespassing on his
land and that if he does not leave within the next hour he will forcefully remove him. X
immediately reacts by striking Z with a knife.
3. X is attacked and bitten while playing with the neighbour’s dog. X reacts by striking the dog
with a stick, injuring it.
4. A policeman with a valid warrant of arrest for X, arrests X. X resists the arrest and strikes the
policeman, injuring him.
, 6 Which of the following statements is correct with regard to the requirements of consent?
1. There must be an agreement between the person consenting (the injured person) and the
actor
2. The person giving the consent must have full legal capacity to act
3. Mere knowledge of the risk of harm is sufficient for the requirement of “appreciation” of the
risk of harm
4. The person consenting must be able to express his will
7 Humbulani and Patricia are neighbours. Humbulani often has quarrels with Patricia and does not like
her. Humbulani builds a large shed for his chickens on his property in order to spoil Patricia’s beautiful
view. It appears that Humbulani did indeed need a shed, but that he could easily have built it
elsewhere on his property. Which of the following statements is correct with regard to Humbulani’s
act?
1. Humbulani’s improper motive renders his act wrongful
2. Humbulani furthered a reasonable interest of his own and thus did not act wrongfully
3. Humbulani exceeded his capacity as an owner and abused his right
4. Option 1 and 3 above
8 A terrorist places a time-bomb in a busy restaurant. The bomb explodes and injures Xholisi. In respect
of Xholisi’s injuries, the terrorist had:
1. dolus indirectus
2. dolus directus
3. dolus indeterminatus
4. dolus eventualis
9 In which of the following cases did the court decide that the test for negligence for a child is no longer
the reasonable child standard?
1. Bester v Commercial Union Versekeringsmaatskappy van SA Bpk 1973 (1) SA 769 (A)
2. Barnard v Santambank 1999 (1) SA 202 (SCA)
3. Jones NO v Santam Bpk 1965 (2) SA 542 (A)
4. Van Wyk v Lewis 1924 AD 438
10 Tshepo’s bull eats and tramples Grace’s maize crops. Tshepo forgot to close the gate between his and
Grace’s land. Which remedy or remedies may be available to Grace?
1. The actio de pauperie and actio legis Aquiliae
2. The actio de pauperie and interdict
3. The actio de pastu only
4. The actio de pastu and actio legis Aquiliae
11 Maureen inadvertently damages Lora’s drum. Which delictual action may be available to Lora?
1. The actio legis Aquiliae
2. The actio iniuriarum
3. The actio de pastu
4. None of the above
