Dolus indirectus Samenvattingen, Aantekeningen en Examens

TWO ELEMENTS OF INTENTION Correct Answer 1. The cognitive element 2. The conative element COGNITIVE ELEMENT Correct Answer X's knowledge of 1. the act 2. the existence of the definitional elements 3. the unlawfulness of the act; CONATIVE ELEMENT Correct Answer X's directing his will towards a certain act or result DOLUS Correct Answer intention DEFINITION OF INTENTION Correct Answer A person acts or causes a result intentionally if 1. he wills the act or result 2. in the know...

Discuss Intention. Correct Answer Intention (dolus) A person acts or causes a result intentionally if: a. he wills the act or result b. in the knowledge i. of what he is doing (i.e. the act). ii. that the act and circumstances surrounding it accord with the definitional elements, and iii. that it is unlawful. Defined even more concisely, one can say that intention is to know and to will an act or a result. Consists of cognitive & conative elements: Cognitive element consists in X's k...

Read the judgment in Pro Tempo Akademie CC v Van der Merwe 2018 (1) SA 181 (SCA) and write a discussion of 500-1000 words. Your discussion should include: • a brief summary of the facts of the case [a maximum of 2 marks are awarded for summarising the facts]; • a summary of what the court decided in respect of the wrongfulness element only in that case [a maximum of 8 marks are awarded for the summary of what the court decided in respect of the wrongfulness element]; and • your own ev...

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020. .Prospective loss is best assessed in accordance with: a) The sum-formula approach b) The “once and for all” rule c) The concrete approach to damage d) Res inter alios acta 18.Oratile and Mapule are farming on adjacent properties. Oratile bears a grudge against Mapule. He sets up a device, which causes a loud bang every half an hour, on the common boundary between the two farms. As a result of this, Mapule and her family cannot sleep at ...

1. The most suitable remedy for the prevention of harm is: the actio legis Aquiliae. the actio de effusis vel deiectis. the interdict. mitigation of loss. 2. Absolute compulsion is one of the conditions that may cause a person’s behaviour to be involuntary and hence not to qualify as conduct for the purpose of delictual liability. In which one of the following instances is Y subject to absolute compulsion? X points a gun at Y and orders Y to damage Z’s motor vehicle. In order to...

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020. Bongani’s cow eats and tramples Mandla’s maize crops. Bongani forgot to close the gate between his and Mandla’s land. Which remedy or remedies is available to Mandla? a) The actio de pauperie and actio legis Aquiliae b) The actio de pauperie and interdict c) The actio de pastu only d) The actio de pastu and actio legis Aquiliae 5. Which one of the following is incorrect? a) An epileptic seizure may cause a person to behave involuntari...

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020 MCQ’s OCT/NOV 2019 1. Which one of the following remedies is instituted for personality infringements? a) The action legis Aquiliae. b) The action iniuriarum. c) The action for pain and suffering. d) The interdict. 2. Which one of the following statements is incorrect with regard to the defence of automatism? a) A reflex movement may cause a person to behave involuntarily and he/she may rely on automatism. b) According to Van der Merwe ...

QUESTION 1 (a) Culpability deals with the question whether the conduct of a particular person is against the objective legal convictions of society. (b) If X, who had killed his wife and children, is charged with murder and acquitted on the ground that he had lacked criminal capacity as a result of a mental illness, he may nevertheless be convicted of the lesser crime of culpable homicide. (1) None of the statements are correct. (2) Only statement (a) is correct. (3) Both stateme...

OCT/NOV 2019 1. Which one of the following remedies is instituted for personality infringements? a) The action legis Aquiliae. b) The action iniuriarum. c) The action for pain and suffering. d) The interdict. 2. Which one of the following statements is incorrect with regard to the defence of automatism? a) A reflex movement may cause a person to behave involuntarily and he/she may rely on automatism. b) According to Van der Merwe and Olivier, automatism does not exclude conduct in delic...

Comparative Criminal Law (3803CCQPVY) course summary of Prof Kevin Jon Heller with summaries from WEEK 1 - 5 including: From the literature: * Comparative Concepts of Criminal Law. Auteur: Johannes Keiler David Roef. Uitgever: Intersentia Ltd. * Rethinking Criminal Law - George P. Fletcher. Covering: WEEK 1 INTRODUCTION * Heller & Dubber: Introduction to Comparative Criminal Law * Keiler & Roef III: Framework of Criminal Liability [R v Dudley & Stephens] * Fletcher 6: The Quest for the General...