Law of Delict (PVL3703) Past exam answers from MayJune 2016 - OctNov 2020

Law of Delict (PVL3703) Past exam answers from May June 2016 - Oct Nov 2020 Oct/Nov 2018 1 Indicate the incorrect statement with regard to the law of delict and the constitution: 1. An infringement of a right may constitute a constitutional wrong and a delict 2. The requirements for a delict and a constitutional wrong differ materially 3. Direct application means that the state must generally respect fundamental rights and not infringe them 4. Both a constitutional remedy and a delictual remedy are aimed primarily at compensation 2 Themba inadvertently damages Zanele’s bongo drum. Which delictual action may be available to Zanele? 1. The actio iniuriarum 2. The actio legis Aquiliae 3. The action for pain and suffering 4. The actio de pastu 3 Which one of the following is incorrect? 1. An animal cannot act for purposes of the law of delict 2. A public school can act for the purpose of the law of delict 3. Behaviour must be willed to qualify as a voluntary act 4. Conduct may consist of a commission or an omission 4 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 may be available to Mandla? 1. The actio de pauperie and actio legis Aquiliae 2. The actio de pauperie and interdict 3. The actio de pastu only 4. The actio de pastu and actio legis Aquiliae 5 Which of the following is incorrect? 1. An epileptic seizure may cause a person to behave involuntarily and enables him to rely on automatism. 2. A person may not rely on automatism if he intentionally created a situation in which he behaves involuntarily. 3. A person relying on sane automatism as a defence in a delictual case has the onus to prove it. 4. According to Van der Merwe and Olivier, automatism does not exclude conduct in delict. 6 Mark employs electronic equipment to listen in on Johan’s telephone conversations. Which remedy or remedies may be available for Johan? 1. The actio iniuriarum 2. The action for pain and suffering 4. Luxuria 13 A terrorist places a time-bomb in a busy shopping mall. The bomb explodes and injures Kagiso. In respect of Kagiso’s injuries, the terrorist had: 1. Dolus indeterminatus 2. Dolus directus 3. Gross negligence 4. Luxuria 14 Gawie wants to spy on Manie, his competitor in business. For this purpose, he installs a surveillance device in the roof of the premises where Manie’s business is located. Gawie needs to break a hole into the roof to accomplish this. He foresees the possibility that rainwater may now leak into the building and may damage Manie’s merchandise, but reconciles himself with the possibility and proceeds nevertheless. After three days, he has managed to learn all Manie’s trade secrets. In respect of the damage to the roof, Gawie has: 1. Dolus directus 2. Dolus indirectus 3. Dolus eventualis 4. Dolus indeterminatus 15 Which one of the following is not a requirement for the interdict? 1. Conduct/threatening conduct 2. Fault/threatening fault 3. Wrongfulness/threatening wrongfulness 4. Unavailability of another suitable remedy 16 Which of the following principles relates to the rule that you must “take your victim as you find him”? 1. The “talem qualem” rule 2. The “once and for all” rule 3. The “sum-formula” approach 4. The “mitigation” principle 17 Zara’s two-year-old daughter falls down a flight of stairs. Zara believes that the child has sustained a brain injury and rushes her to the hospital. On the way to the hospital, Zara drives over the neighbour’s dog which subsequently dies. The neighbour institutes a delictual claim against Zara. It later transpires that Zara’s daughter merely suffered from mild shock. Which one of the following defences may Zara rely on? 1. Private defence 2. Provocation 3. Necessity 4. None of the above defences 18 Which of the following requirement/s must be present before provocation may be raised as a defence? 1. The conduct of the defendant must be immediate 2. The defendant must be accountable