PVL3703 LATEST EXAM
PACK 2025
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
Email:
, lOMoARcPSD|31863004
Page 1 of 50
1
LAW OF DELICT
1. Define a delict
The act of a person which in a wrongful and culpable way causes loss/damage
2. List the 5 elements of a delict
- Act
- Wrongfulness
- Fault
- Causation
- Damage
3. Name the most important delictual remedies available, and briefly indicate what are t
between them
I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial d
II.
III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury to personality.
IV.
V. Action for pain and suffering: Claim compensation for wrongful and culpable impairme
physical-mental integrity.
4. Write brief notes on the differences/ similarities between a delict and a breach of con
Seems the same, but a breach of contract is only constituted by the non-fulfilment by a
personal right or an obligation to perform.
Thus, the remedies are primarily directed at enforcement, fulfilment or execution of the c
Delictual remedies are directed at damages and not fulfilment.
Law of contract provides specific rules/remedies for breach of contract that are not app
Delict=breach of duty imposed by law.
Breach of contract is the breach of a duty voluntarily assumed.
5. Write brief notes on the differences/ similarities between a delict and a crime
Distinction between private and public law.
Protection of individual interests (delict) vs protection of public interest (Crime)
Delictual remedies are compensationary, while criminal sanctions are of a penal nat
criminal for transgression against public interest.
Each delict is not necessarily a crime and vice versa.
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, lOMoARcPSD|31863004
Page 2 of 50
2
6. Explain in 4 or 5 sentences how Chpt. 2 of the Constitution may influence the law of
The Constitution is the supreme law of RSA. Chapter2 (BOR) is applicable to all law, incl D
Vertical & horizontal application of Const can take place directly or indirectly.
Fundamental rights in terms of the Law of Delict:
• Right to property
• Right to life
• Right to freedom and security of person
• Right to privacy
• Right to human dignity
• Right to equality
• Right to freedom of expression
• Right to freedom of religion, belief, opinion
• Right to assembly, demonstration, picket, petition
• Right to freedom of association
• Right to freedom of trade, occupation, profession
Not every delict is necessarily a constitutional wrong.
Constitutional remedies are aimed at affirming/enforcing/protecting/vindicating fundam
deterring future violations of Ch2.
Write brief notes on the indirect application of the BOR to the law of delict (5)
Indirect application is implemented/applicable eg to open-ended/flexible delictual princi
• Boni mores test for wrongfulness
• Imputability test for legal causation
• Reasonable person test for negligence
• Policy consideration eg reasonableness, fairness and justice
The act
7. Define an act
Conduct is prerequisite for delictual liability.
Conduct is a voluntary human act or omission.
8. Enumerate the requirements of an act and apply them to practical factual examples
- Where a human uses an animal as an instrument to a commission a delict, a human act is
- A juristic person acts through its organs: an act performed by or at the order if or with th
director, official or servant of a juristic person in the exercise of his duties or functions in ad
to advance the interests if the juristic person, is deemed to have been performed by the juri
- Voluntariness implies that the person is question has the mental ability sufficiently to
muscular movements.
- Voluntariness does not mean that a person must have willed or desired his conduct.
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, lOMoARcPSD|31863004
Page 3 of 50
3
9. Explain the requirements of the defences of automatism and apply them to practical
- This defence suggests that the person acted mechanically.
- The following conditions may cause a person to act involuntary in hat they render him incap
bodily movements:
- absolute compulsion (vis absoluta- exerted by human agency or through forces of nature),
- sleep,
- unconsciousness,
- a fainting fit,
- a epileptic fit,
- serious intoxication,
- a blackout,
- reflex movements,
- strong emotional pressure,
- mental disease,
- hypnosis
- a heart attack and certain other conditions. Relative compulsion ( vis compulsive- no choice)
- The defence of automatism will not succeed if the defendant intentionally created the
he acts involuntarily in order to harm others.
- The defendant will not be able to successfully rely of the defence of automatism whe
with regard to his automatic conduct- where the reasonable man would have foreseen th
causing harm while in a state if automatism.
- Where the automatism is not a consequence of mental illness the onus is on the plai
defendant acted voluntarily and therefore not mechanically
- If a defendant raises automatism resulting fro mental illness, the defendant will prob
prove the absence of such conduct
- Automatism does not mean that there is no voluntary conduct whatsoever by the def
the damage, but only that the conduct in question was not voluntary.
10. Briefly explain the difference between a commission and an omission
- Liability for an omission is generally more restricted than liability for a commission.
- Commission is an act performed while an omission is a failure to perform a certain a
- The law is hesitant to find that there was a legal duty on someone to act positively an
damage to another.
- Omission is a failure to take any positive step whatsoever to prevent damage to othe
Wrongfulness
11. Describe the 2 steps involved in an inquiry into wrongfulness
Dual investigation:
Page | 3
PACK 2025
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
Email:
, lOMoARcPSD|31863004
Page 1 of 50
1
LAW OF DELICT
1. Define a delict
The act of a person which in a wrongful and culpable way causes loss/damage
2. List the 5 elements of a delict
- Act
- Wrongfulness
- Fault
- Causation
- Damage
3. Name the most important delictual remedies available, and briefly indicate what are t
between them
I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial d
II.
III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury to personality.
IV.
V. Action for pain and suffering: Claim compensation for wrongful and culpable impairme
physical-mental integrity.
4. Write brief notes on the differences/ similarities between a delict and a breach of con
Seems the same, but a breach of contract is only constituted by the non-fulfilment by a
personal right or an obligation to perform.
Thus, the remedies are primarily directed at enforcement, fulfilment or execution of the c
Delictual remedies are directed at damages and not fulfilment.
Law of contract provides specific rules/remedies for breach of contract that are not app
Delict=breach of duty imposed by law.
Breach of contract is the breach of a duty voluntarily assumed.
5. Write brief notes on the differences/ similarities between a delict and a crime
Distinction between private and public law.
Protection of individual interests (delict) vs protection of public interest (Crime)
Delictual remedies are compensationary, while criminal sanctions are of a penal nat
criminal for transgression against public interest.
Each delict is not necessarily a crime and vice versa.
Page | 1
, lOMoARcPSD|31863004
Page 2 of 50
2
6. Explain in 4 or 5 sentences how Chpt. 2 of the Constitution may influence the law of
The Constitution is the supreme law of RSA. Chapter2 (BOR) is applicable to all law, incl D
Vertical & horizontal application of Const can take place directly or indirectly.
Fundamental rights in terms of the Law of Delict:
• Right to property
• Right to life
• Right to freedom and security of person
• Right to privacy
• Right to human dignity
• Right to equality
• Right to freedom of expression
• Right to freedom of religion, belief, opinion
• Right to assembly, demonstration, picket, petition
• Right to freedom of association
• Right to freedom of trade, occupation, profession
Not every delict is necessarily a constitutional wrong.
Constitutional remedies are aimed at affirming/enforcing/protecting/vindicating fundam
deterring future violations of Ch2.
Write brief notes on the indirect application of the BOR to the law of delict (5)
Indirect application is implemented/applicable eg to open-ended/flexible delictual princi
• Boni mores test for wrongfulness
• Imputability test for legal causation
• Reasonable person test for negligence
• Policy consideration eg reasonableness, fairness and justice
The act
7. Define an act
Conduct is prerequisite for delictual liability.
Conduct is a voluntary human act or omission.
8. Enumerate the requirements of an act and apply them to practical factual examples
- Where a human uses an animal as an instrument to a commission a delict, a human act is
- A juristic person acts through its organs: an act performed by or at the order if or with th
director, official or servant of a juristic person in the exercise of his duties or functions in ad
to advance the interests if the juristic person, is deemed to have been performed by the juri
- Voluntariness implies that the person is question has the mental ability sufficiently to
muscular movements.
- Voluntariness does not mean that a person must have willed or desired his conduct.
Page | 2
, lOMoARcPSD|31863004
Page 3 of 50
3
9. Explain the requirements of the defences of automatism and apply them to practical
- This defence suggests that the person acted mechanically.
- The following conditions may cause a person to act involuntary in hat they render him incap
bodily movements:
- absolute compulsion (vis absoluta- exerted by human agency or through forces of nature),
- sleep,
- unconsciousness,
- a fainting fit,
- a epileptic fit,
- serious intoxication,
- a blackout,
- reflex movements,
- strong emotional pressure,
- mental disease,
- hypnosis
- a heart attack and certain other conditions. Relative compulsion ( vis compulsive- no choice)
- The defence of automatism will not succeed if the defendant intentionally created the
he acts involuntarily in order to harm others.
- The defendant will not be able to successfully rely of the defence of automatism whe
with regard to his automatic conduct- where the reasonable man would have foreseen th
causing harm while in a state if automatism.
- Where the automatism is not a consequence of mental illness the onus is on the plai
defendant acted voluntarily and therefore not mechanically
- If a defendant raises automatism resulting fro mental illness, the defendant will prob
prove the absence of such conduct
- Automatism does not mean that there is no voluntary conduct whatsoever by the def
the damage, but only that the conduct in question was not voluntary.
10. Briefly explain the difference between a commission and an omission
- Liability for an omission is generally more restricted than liability for a commission.
- Commission is an act performed while an omission is a failure to perform a certain a
- The law is hesitant to find that there was a legal duty on someone to act positively an
damage to another.
- Omission is a failure to take any positive step whatsoever to prevent damage to othe
Wrongfulness
11. Describe the 2 steps involved in an inquiry into wrongfulness
Dual investigation:
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