PVL3703
Assignment 2 (100%
COMPLETE
GUIDELINE)
Semester 1 2025 -
DUE 23 April 2025
NO PLAGIARISM
[Type the company name]
,PVL3703
ASSIGNMENT 2 (QUIZ)
DUE DATE: 23 APRIL 2025
Started on: Tuesday, 8 April 2025, 8:56 PM
State: Finished
Completed on: Tuesday, 8 April 2025, 11:17 AM
Time taken: 14 hours 21 mins
Question 1
Complete
Mark 2 out of 2
Which one of the following is NOT considered a category of subjective rights?
a. Impersonal material property rights.
b. Immaterial property rights.
c. Personal rights.
d. Personality rights.
The correct answer is: Impersonal material property rights.
Explanation:
In South African private law, subjective rights refer to the legal powers or entitlements a person
has in relation to a legal object. These rights are categorized into the following types:
1. Real rights (including material property rights) – rights a person has over a thing,
such as ownership or possession.
2. Immaterial property rights – rights to intangible property, such as copyright or patents.
3. Personal rights – rights a person has against another person, such as a right to claim
performance (e.g., a debt).
4. Personality rights – rights related to a person’s physical and psychological integrity, like
the right to dignity, privacy, or bodily integrity.
However, "impersonal material property rights" is not a recognized legal category under
subjective rights. The word "impersonal" suggests something not tied to a legal subject (person),
which contradicts the very definition of subjective rights, as they are rights held by legal
subjects (persons) over legal objects.
Conclusion:
, "Impersonal material property rights" is not a valid legal term and does not fit into the
established categories of subjective rights, making it the correct answer.
Stavros, a restaurant owner, gives informal investment advice to Tim. Tim, relying on this
advice, makes a bad investment and he suffers pure economic loss. If Tim wishes to institute a
delictual action against Stavros, he would need to prove that Stavros had the following form/s of
fault (select the best option):
a. Because no wrongfulness is present, it will not serve any purpose to prove any form of fault.
b. Intention or negligence.
c. Negligence. ✅
d. Intention.
Explanation:
In South African delictual law, for someone to succeed in a delictual claim, they must prove
five elements:
1. Conduct
2. Wrongfulness
3. Fault (either intention or negligence)
4. Causation
5. Harm (in this case, pure economic loss)
Why negligence is the correct form of fault here:
In cases involving pure economic loss (like financial loss from bad investment advice), the
courts usually apply a negligence-based test. This means:
The focus is on whether a reasonable person in the same position as Stavros would
have foreseen the possibility of harm and taken steps to avoid it.
Intention (meaning Stavros meant to cause harm) is not required.
Tim must prove that Stavros acted negligently in giving the advice — for example, by
giving advice without the necessary expertise or caution.
Assignment 2 (100%
COMPLETE
GUIDELINE)
Semester 1 2025 -
DUE 23 April 2025
NO PLAGIARISM
[Type the company name]
,PVL3703
ASSIGNMENT 2 (QUIZ)
DUE DATE: 23 APRIL 2025
Started on: Tuesday, 8 April 2025, 8:56 PM
State: Finished
Completed on: Tuesday, 8 April 2025, 11:17 AM
Time taken: 14 hours 21 mins
Question 1
Complete
Mark 2 out of 2
Which one of the following is NOT considered a category of subjective rights?
a. Impersonal material property rights.
b. Immaterial property rights.
c. Personal rights.
d. Personality rights.
The correct answer is: Impersonal material property rights.
Explanation:
In South African private law, subjective rights refer to the legal powers or entitlements a person
has in relation to a legal object. These rights are categorized into the following types:
1. Real rights (including material property rights) – rights a person has over a thing,
such as ownership or possession.
2. Immaterial property rights – rights to intangible property, such as copyright or patents.
3. Personal rights – rights a person has against another person, such as a right to claim
performance (e.g., a debt).
4. Personality rights – rights related to a person’s physical and psychological integrity, like
the right to dignity, privacy, or bodily integrity.
However, "impersonal material property rights" is not a recognized legal category under
subjective rights. The word "impersonal" suggests something not tied to a legal subject (person),
which contradicts the very definition of subjective rights, as they are rights held by legal
subjects (persons) over legal objects.
Conclusion:
, "Impersonal material property rights" is not a valid legal term and does not fit into the
established categories of subjective rights, making it the correct answer.
Stavros, a restaurant owner, gives informal investment advice to Tim. Tim, relying on this
advice, makes a bad investment and he suffers pure economic loss. If Tim wishes to institute a
delictual action against Stavros, he would need to prove that Stavros had the following form/s of
fault (select the best option):
a. Because no wrongfulness is present, it will not serve any purpose to prove any form of fault.
b. Intention or negligence.
c. Negligence. ✅
d. Intention.
Explanation:
In South African delictual law, for someone to succeed in a delictual claim, they must prove
five elements:
1. Conduct
2. Wrongfulness
3. Fault (either intention or negligence)
4. Causation
5. Harm (in this case, pure economic loss)
Why negligence is the correct form of fault here:
In cases involving pure economic loss (like financial loss from bad investment advice), the
courts usually apply a negligence-based test. This means:
The focus is on whether a reasonable person in the same position as Stavros would
have foreseen the possibility of harm and taken steps to avoid it.
Intention (meaning Stavros meant to cause harm) is not required.
Tim must prove that Stavros acted negligently in giving the advice — for example, by
giving advice without the necessary expertise or caution.
