Other
PVL3703 Law of Delict MQC & answers-PASS
- Course
- Institution
PVL3703 Multtiple Choice Questions & answers-Guranteed pass
[Show more]
Seller
Follow
nickd891112
Reviews received
Content preview
May June 20121. The delictual remedy used to claim damages for patrimonial loss caused wrongfully and
negligently is the
-actio legis Aquiliae
2. The delictual remedy used to obtain a solatium for intentional infringement of personality rights
is the
-Action iniuriarum
3. The delictual remedy used to prevent wrongful causing of harm is the
-interdict
4. The delictual remedy used to claim compensation for negligent infringement of the corpus is the
-action for pain and suffering
5.When so-called open-ended delictual normas are given content in light of the basic values of
chapter 2 of the Constitution, this is known as
-indirect application of the Bill of Rights
6. jack breaks the expensive window of a rare sports car in order to steal a GPS device inside the car.In
respect of the damage to the window, Jack has
-Dolus indirectus
7. The principle dictating what stage prospective loss must be claimed, is known as
-the ‘once and for all’ rule
8. Prospective loss is best assessed in accordance with
-the sum-formula approach
9. Defamation is in the first place an infringement of a person’s
-Good name
10. If a person can differentiate between right and wrong and act in accordance with this insight he or
she
-is accountable
11. Alex takes Bert’s dog for a walk. Alex sees his sworn enemy, Charles and orders the dog to attack
Charles. Charles whips out his pistol and kills the dog with one shot. Bert institutes an action for
damages against Charles. Charles may raise the following ground of justification -private defence
,12. An important development concerning the fault requirement in defamation cases took place in
-National Media Ltd v Bogoshi 1998 4 SA 1196 (SCA)
13.Consent as a ground of justification in the field of medical intervention was dealt with in
-Castell V De Greef 1994 4 SA 408 (C )
14. The importance of the doctrine of subjective rights for the element of wrongfulness was discussed in
-Universiteit van Pretoria v Tommie Meyer Films 1997 4 SA 488 (A)
15. John and Peter Bear grudge a 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- joint and several liability
OCT/NOV 2012
1. The delictual remedy used to claim damages for patrimonial loss caused wrongfully and
negligently is the -actio legis Aquiliae
2. The delictual remedy used to obtain a solatium for intentional infringement of personality rights
is the – action iniuriarum
3. The delictual remedy used to prevent wrongful causing of harm is the
-interdict
4. The delictual remedy used to claim compensation for negligent infringement of the corpus is the
– action for pain and suffering
5. When so-called open-ended declitual norms are given in light of the basic values of chapter 2 of
the Constitution o, this is known as -indirect application of the Bill of Rights
6. Jack breaks the expensive window of a rare sports card in order to steal a GPS device inside the
car. In respect of the damage to the window, Jack has -dolus indirectus
7. The principle dictating at what stage prospective loss must be claimed, is known -the once for
all’ rule
8. Prospective loss is best assessed in accordance with – the sum-formula approach
9. Defamation is in the first place an infringement of person’s -good name
10. If a person can differentiate between right and wrong and act in accordance with this insight, he
or she- is accountable
11. Alex takes Bert’s dog for a walk.Alex sees his sworn enermy, Charles, and orders the dog to
attack Charles.Charles whips out his pistol and kills the dog with one shot. Bert institutes an
action for damages against Charles. Charles may raise the following ground of justification-
private defence
,12. An important development concerning the fault requirement in defamation cases took place in-
National Media Ltd v Bogoshi 1998 4 SA 1196 (SCA)
13. Consent as a ground of justification in the field of medical intervention was dealt with in -Castell
v De Greeff 1994 4 SA 408 ( C )
14. David’s dog bites Max. Max suffers serious injury. David was not negligent in respect of Max’s
injuries and Max did not provoke the dog in anyway. Max can use the following remedy against
David- Actio de Pauperie
15. 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- joint and several
liability
OCT/NOV 2013
1. Indicate the correct statement with regard to delictual remedies
1- The action iniuriarum is directed at ‘’satisfaction’’ for the wrongful and intentional injury to
personality
2- Intention is always a requirement for the action legis Aquiliae
3- South African law follows the casuistic approach with regard to delictual liability
4- Invasion of privacy in practice is considered as a form of carmm iniuria datum
2. Indicate the correct statement with regard to the concurrence of delictual, criminal and
contractual liability
1- A claim for damages is the primary remedy for breach of contract
2- One and the same act may render the wrongdoer delictually as well as contractually liable
3- One and the same act cannot found delictual as well as criminal liability
4- A claim for damages is the secondary remedy in respect of a crime
3. 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- Both a constitutional remedy and a delictual remedy are aimed primarily at compensation
4- Direct application means that the state must generally respect fundamental rights and not
infringe them
4. John’s donkey attacks some of the employees on the farm. Just as the donkey was about to
injure Charles (an employee) , he shot and killed it with his rifle. John institutes an action for
damages against Charles. Charles must raise the following of justification
- Necessity
5. Adrian insults Tumelo, who in retaliation slaps Adrian across the cheek. If Adrian insitutes a
delictual action for the infringement of his personality rights, Tumelo may rely on the following
ground of justification
- Necessity
- Private defence
- Provaction
- None of the above
, 6. Jacob insults Karen, Julie’s Friend. Julie, who is angered by the insults, then insults Jacob.If Jacob
institutes a delictual action for the infringement- Provaction
7. Isaac purchases a ticket to a boat ride. The ticket clearly states that the management of the
amusement park will not be held liable for any negligence on its part. As the ride comes to a
stop, the boat jerks due to a mechanical fault and Isaac bumps his head against the seat
rendering him unconscious. When Isaac awakens, he decides to institute an action for damages
against the management of the amusement park. IN order to exclude or limit liability the
management may rely on . Consent to the risk of injury
8. Tumi, a captain of the South African Police Service, orders David, a sergeant under his command
to shoot and kill Gustav. Tumi believes that Gustav is about to throw a hand grenade into a
shop. David shoots and wounds Gustav.It later transpires that Gustav merely wanted to blow his
note and that Tumi made a mistake. Gustav institutes a claim against David. David may rely on
the following grounds of justification
1- Execution of an official command
2- Statutory authority
3- Official capacity
4- None of the above
9. Bester v Commercial Union Versekeringsmaatskappy van SA Bpl 1973 (1) SA 769 (A) dealt with..
1- Pure economic loss
2- Emotional shock (psychological lesions)
3- Negligent misrepresentation
4- Unlawful competition
10. International Shipping Co (Pty) Ltd v Bentley 1990 (1) SA 680 (A) dealt with
Negligent misrepresentation
11. Greater Johannesburg Transitional Metropolitan Council v ABSA Bank ltd 1997 (2) SA 591 (W)
dealt with
Emotional shock (psychological lesions)
Negligent misrepresentation
Unlawful competition
12. Barnard v Santam Bank 1999 (1) SA 202 (SCA) dealth with – Emotional Shock (Psychological
lesions)
13. Joseph plays tennis in his back yard.He foresees the possibility of his ball breaking a window in
his neighbour’s house, but decides that it will not happen. If the ball indeed breaks the window,
John had the following in respect of the damage
- Dolus indeterminatus
- Dolus eventualis
- Dolus indirectus
- Luxuria
14. Allan, an employee of Raymond was n route to Rustenburg delivery bread when he accidently
skipped a red robot and crashed into Mandla’s car. If Mandla successfully sues Raymond (as the
employer) for the damage to his car, Raymond will incur
- Vicarious liability
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nickd891112. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.54. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now