[Date]
CML1501 Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH COMPLETE ANSWERS
, 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) Element of Fault in Delict: Intention or Negligence (5 marks)
In delict, fault is a crucial element and can exist in the form of either intention
(dolus) or negligence (culpa). Intention occurs when a person acts with the aim of
causing harm, or foresees the harm as a certain result of their actions. Negligence
arises when a person fails to act with the standard of care expected, resulting in
harm that could have been foreseen and avoided by a reasonable person. To prove
fault, it must be shown that the wrongdoer either had the intention to cause harm or
acted negligently, falling short of the conduct expected from a reasonable person.
(b) Meaning of "Damage" in Delict: Case Law Examples (5 marks)
In delict, "damage" refers to the actual harm or loss suffered by the plaintiff as a
result of the defendant's wrongful act. This harm can be patrimonial, which is
financial or economic loss, or non-patrimonial, which includes harm such as pain,
suffering, or emotional distress. For example, in the case of S v Mokgethi (1990),
the court considered the extent of harm or damage to determine the liability of the
CML1501 Assignment 2
Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH COMPLETE ANSWERS
, 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) Element of Fault in Delict: Intention or Negligence (5 marks)
In delict, fault is a crucial element and can exist in the form of either intention
(dolus) or negligence (culpa). Intention occurs when a person acts with the aim of
causing harm, or foresees the harm as a certain result of their actions. Negligence
arises when a person fails to act with the standard of care expected, resulting in
harm that could have been foreseen and avoided by a reasonable person. To prove
fault, it must be shown that the wrongdoer either had the intention to cause harm or
acted negligently, falling short of the conduct expected from a reasonable person.
(b) Meaning of "Damage" in Delict: Case Law Examples (5 marks)
In delict, "damage" refers to the actual harm or loss suffered by the plaintiff as a
result of the defendant's wrongful act. This harm can be patrimonial, which is
financial or economic loss, or non-patrimonial, which includes harm such as pain,
suffering, or emotional distress. For example, in the case of S v Mokgethi (1990),
the court considered the extent of harm or damage to determine the liability of the
