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PVL3703 Law of Delict Revision Study Pack 2021
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PVL3703 Law of Delict RevisionStudy Pack 20
,1
LAW OF DELICT
REVISION STUDY PACK
“The expert in anything was once a beginner”
, 2
ANSWERING PROBLEM-TYPE
QUESTIONS
A useful way to approach problem type questions is to use the IPAC scheme:
I =IDENTIFY the legal issues involved.
P= set out the applicable legal PRINCIPLES.
A= APPLY the legal principles to the facts.
C= give your CONCLUSION.
IDENTIFYING THE PROBLEM
Identifying the relevant issues correctly is the most important step in answering the
question.
TIPS:
• Start broadly and then narrow down the topic. For example, ask yourself
whether the question is about causation, wrongfulness due to an omission. Usually,
the wording of the question will give you an indication of this. If you decide it is about
the wrongfuless due to omission , ask yourself which specific factors that determine a
legal duty. Carry on until you are sure that you have sufficiently narrowed down the
topic.
• If you think more than one legal issue is involved, discuss both, but pay more
attention to the issue you regard as most relevant to the question.
• If you are not sure what the legal issue is, do not use the ‘shotgun’ approach!
Writing down everything you know about a certain topic, simply creates the
impression that although you might know the work, you do not understand it.
PRINCIPLES
Here you will summarise the legal principles applying to the legal issue. These can
usually be set out in the following form:
The rule= Requirements for the rule to apply + Consequences if the rule applies (
Authority)
TIPS :
• Do not discuss all the legal principles in complete detail. Summarize the main
points to start off with. When you start applying the principles to the facts,
give a more detailed discussion on the specific principles that are relevant to
your application.
APPLICATION
This is a very important part of your answer, and what usually distinguishes a simple
pass from a first class pass. What you have to do, is to link the facts to the legal
principle involved. Motivating your answer is very important-part of being able to
construct a proper argument is to give reasons for your answer.
CONCLUSION
This is usually short, where you simply summarise what your answer to the question
is.
“The expert in anything was once a beginner”
, 3
MUTLIPLE CHOICE
(1) When so-called open-ended delictual norms are given content in light of the basic
values of
chapter 2 of the Constitution, this is known as:
1. direct application of the Bill of Rights
2. indirect application of the Bill of Rights
3. vertical application of the Bill of Rights
4. horizontal application of the Bill of Rights
5. a constitutional delict
(2) Mike’s cow eats and tramples George’s crops. Mike forgot to close the gate
between his and George’s land. Which remedy or remedies may be available to
George?
1. actio de pauperie and actio legis Aquiliae
2. actio de pauperie and interdict
3. actio de pastu only
4. actio de pauperie only
5. actio de pastu and actio legis Aquiliae
(3) Koos inadvertently walks into an ablution facility for ladies and sees Brenda
taking a shower. Which remedy may be available to Brenda?
1. actio legis Aquiliae
2. actio iniuriarum
3. action for pain and suffering
4. actio de effusis vel deiectis
5. none of the above
(4) Norman enters into a sexual relationship with Lex’s wife. Which remedy or
remedies may be available to Lex?
1. actio iniuriarum
2. action for pain and suffering
3. actio iniuriarum and action for pain and suffering
4. actio de effusis vel deiectis
5. none of the above
(5) John and Peter bear a grudge against Greg and agree to teach him a lesson he
will not forget. While Greg is in a shopping centre, John and Peter damage Greg’s
motor car by hitting it with hammers. If Greg successfully sues John and Peter in
delict, they will incur:
1. vicarious liability
2. joint and several liability
3. liability based on contributory intent
“The expert in anything was once a beginner”
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