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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024 QUESTIONS WITH ANSWERS
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CML1501Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September
2024
Question 1
(a) Explain whether the element of fault exists in a “delict” as either
intention or negligence. (5)
(b) Explain the meaning of the term “Damage” in delict. Give examples
from case law.(5)
(c) Explain the meaning of the word “damages” in delict. Give examples
from case law.(5)
1(a) Fault in Delict: Intention or Negligence
Fault is one of the essential elements of a delict, which refers to the
blameworthiness of the defendant's conduct. It can manifest as either
intention (dolus) or negligence (culpa).
• Intention (Dolus): Intention occurs when the defendant consciously
aims to bring about the harmful result. The defendant must have
foreseen the consequences of their actions and have directed their
will towards achieving that result. Intention includes direct intention,
indirect intention (where the harmful consequence is not the primary
aim but is foreseen as a certain outcome), and dolus eventualis
(where the defendant foresees the possibility of the consequence but
reconciles with it).
• Negligence (Culpa): Negligence occurs when the defendant fails to
act with the standard of care that a reasonable person would have
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