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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) QUESTIONS AND ANSWERS
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CML1501 Assignment2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH COMPLETE ANSWERS
[School]
[Course title]
, 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)
(a) Fault in Delict: Intention or Negligence (5 marks)
In the law of delict, "fault" refers to the blameworthy conduct of a person that gives rise to
liability. Fault can manifest in two forms: intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when a person consciously and deliberately engages in
conduct that causes harm to another. The person acts with the knowledge and will to
bring about a specific harmful result. For example, if someone intentionally hits another
person, causing injury, their conduct would be intentional.
• Negligence (Culpa): Negligence occurs when a person fails to exercise the standard of
care that a reasonable person would have exercised in the same situation, resulting in
harm to another. Negligence is not deliberate but arises from carelessness or a failure to
foresee the harm that a reasonable person would have anticipated. An example is a driver
who, while texting, fails to stop at a red light and causes an accident.
In both cases, fault is a key element of delictual liability because the wrongdoer must be shown
to have either intended the harm or acted negligently to be held liable.
(b) Meaning of "Damage" in Delict (5 marks)
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