CML1501 Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
[Company address]
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
Question 1
(a) Explain whether the element of fault exists in a “delict” as either intention or
negligence. (5)
(b) Explain the meaning of the term “Damage” in delict. Give examples from case
law.(5)
(c) Explain the meaning of the word “damages” in delict. Give examples from case
law.(5)
Question 1
(a) Fault in Delict: Intention or Negligence
In the law of delict, the element of fault is crucial and can manifest as either intention
(dolus) or negligence (culpa). Fault determines the liability of a person for causing harm.
1. Intention (Dolus): This occurs when a person deliberately causes harm or
foresees the possibility of harm and reconciles with it. For example, if someone
deliberately damages another's property, they act with intention.
2. Negligence (Culpa): This happens when a person fails to exercise the level of
care that a reasonable person would in similar circumstances, leading to harm.
Negligence does not involve a deliberate intent to cause harm, but rather a
failure to prevent foreseeable harm. For instance, if a driver fails to stop at a red
light and causes an accident, they may be liable due to negligence.
Semester 2 2024
(628838)- DUE 19
September 2024
[Company address]
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
Question 1
(a) Explain whether the element of fault exists in a “delict” as either intention or
negligence. (5)
(b) Explain the meaning of the term “Damage” in delict. Give examples from case
law.(5)
(c) Explain the meaning of the word “damages” in delict. Give examples from case
law.(5)
Question 1
(a) Fault in Delict: Intention or Negligence
In the law of delict, the element of fault is crucial and can manifest as either intention
(dolus) or negligence (culpa). Fault determines the liability of a person for causing harm.
1. Intention (Dolus): This occurs when a person deliberately causes harm or
foresees the possibility of harm and reconciles with it. For example, if someone
deliberately damages another's property, they act with intention.
2. Negligence (Culpa): This happens when a person fails to exercise the level of
care that a reasonable person would in similar circumstances, leading to harm.
Negligence does not involve a deliberate intent to cause harm, but rather a
failure to prevent foreseeable harm. For instance, if a driver fails to stop at a red
light and causes an accident, they may be liable due to negligence.
