CML1501
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 19 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
a. Explain whether the element of fault exists in a “delict” as either intention or negligence. (5)
ANSWER:
Fault in Delict: Intention or Negligence
In delict, the element of fault refers to the defendant's state of mind or culpability at the time
of the wrongful act. Fault can exist in the form of either intention or negligence:
Intention (Dolus): The defendant acts with the purpose of causing harm or with the knowledge
that their actions would likely cause harm. For example, if someone deliberately sets fire to
another person's property, the element of fault is present as intention.
Negligence (Culpa): The defendant fails to act with the level of care that a reasonable person
would exercise in similar circumstances, resulting in harm. An example is when a driver fails to
stop at a red light and causes an accident. The fault is due to negligence because the driver did
not intend to cause harm but failed to act with due care.
ASSIGNMENT 2 (SEMESTER 2)
DUE DATE: 19 September 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than September 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
a. Explain whether the element of fault exists in a “delict” as either intention or negligence. (5)
ANSWER:
Fault in Delict: Intention or Negligence
In delict, the element of fault refers to the defendant's state of mind or culpability at the time
of the wrongful act. Fault can exist in the form of either intention or negligence:
Intention (Dolus): The defendant acts with the purpose of causing harm or with the knowledge
that their actions would likely cause harm. For example, if someone deliberately sets fire to
another person's property, the element of fault is present as intention.
Negligence (Culpa): The defendant fails to act with the level of care that a reasonable person
would exercise in similar circumstances, resulting in harm. An example is when a driver fails to
stop at a red light and causes an accident. The fault is due to negligence because the driver did
not intend to cause harm but failed to act with due care.
