[Date]
CML1501 Assignment
2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH ANSWERS
, 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)
(a) The Element of Fault in Delict: Intention or Negligence
Fault is a crucial element in the law of delict, and it refers to the blameworthy state
of mind of the defendant when committing the wrongful act. Fault can manifest as
either intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when the defendant knowingly and
deliberately engages in wrongful conduct. The person has the will and
purpose to cause harm or the awareness that their actions will cause harm
and continues with the action regardless. For example, if someone
deliberately spreads false information about another person, leading to
reputational harm, they act with intention.
• Negligence (Culpa): Negligence occurs when the defendant fails to act with
the level of care that a reasonable person would in similar circumstances,
resulting in harm. It does not require deliberate action but rather a failure to
foresee and prevent potential harm. For instance, if a driver runs a red light
CML1501 Assignment
2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH ANSWERS
, 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)
(a) The Element of Fault in Delict: Intention or Negligence
Fault is a crucial element in the law of delict, and it refers to the blameworthy state
of mind of the defendant when committing the wrongful act. Fault can manifest as
either intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when the defendant knowingly and
deliberately engages in wrongful conduct. The person has the will and
purpose to cause harm or the awareness that their actions will cause harm
and continues with the action regardless. For example, if someone
deliberately spreads false information about another person, leading to
reputational harm, they act with intention.
• Negligence (Culpa): Negligence occurs when the defendant fails to act with
the level of care that a reasonable person would in similar circumstances,
resulting in harm. It does not require deliberate action but rather a failure to
foresee and prevent potential harm. For instance, if a driver runs a red light
