lO M oARcPSD| 48011787
Dow nloaded by Vincent kyalo ()
,
, lO M oARcPSD| 48011787
PVL302-X 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 the differences between them
Actio legis Aquiliae: Claim damages for wrongful and culpable
I.causing of patrimonial damage
II.
III. Actio iniuriarum: Claim satisfaction for wrongful and
IV.intentional injury to personality.
V. Action for pain and suffering: Claim compensation for wrongful
and culpable impairment of bodily or physical-mental integrity.
4. Write brief notes on the differences/ similarities between a delict
and a breach of contract
Dow nloaded by Vincent kyalo
()
, lO M oARcPSD| 48011787
PVL302-X 2
Seems the same, but a breach of contract is only constituted by the
non-fulfilment by a contractual party of a personal right or an
obligation to perform.
Thus, the remedies are primarily directed at enforcement, fulfilment
or execution of the contract.
Delictual remedies are directed at damages and not fulfilment.
Law of contract provides specific rules/remedies for breach of
contract that are not applicable to a delict. Delict=breach of duty
imposed by law.
Breach of contract is the breach of a duty voluntarily assumed.
Write brief notes on the differences/ similarities 5.
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 nature, to punish criminal for
transgression against public interest.
Each delict is not necessarily a crime and vice versa.
Dow nloaded by Vincent kyalo ()
Dow nloaded by Vincent kyalo ()
,
, lO M oARcPSD| 48011787
PVL302-X 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 the differences between them
Actio legis Aquiliae: Claim damages for wrongful and culpable
I.causing of patrimonial damage
II.
III. Actio iniuriarum: Claim satisfaction for wrongful and
IV.intentional injury to personality.
V. Action for pain and suffering: Claim compensation for wrongful
and culpable impairment of bodily or physical-mental integrity.
4. Write brief notes on the differences/ similarities between a delict
and a breach of contract
Dow nloaded by Vincent kyalo
()
, lO M oARcPSD| 48011787
PVL302-X 2
Seems the same, but a breach of contract is only constituted by the
non-fulfilment by a contractual party of a personal right or an
obligation to perform.
Thus, the remedies are primarily directed at enforcement, fulfilment
or execution of the contract.
Delictual remedies are directed at damages and not fulfilment.
Law of contract provides specific rules/remedies for breach of
contract that are not applicable to a delict. Delict=breach of duty
imposed by law.
Breach of contract is the breach of a duty voluntarily assumed.
Write brief notes on the differences/ similarities 5.
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 nature, to punish criminal for
transgression against public interest.
Each delict is not necessarily a crime and vice versa.
Dow nloaded by Vincent kyalo ()
