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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 DETAILED ANSWERS
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CML1501 Assignment 2Semester 2 2024 (628838)-
DUE 19 September 2024
QUESTIONS WITH 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)
In the context of delictual liability, the questions focus on key elements of
delict, namely fault, damage, and damages. Here's an explanation for
each:
(a) Fault in Delict: Intention or Negligence (5 marks)
In delict, the element of fault (or culpa) refers to the blameworthiness of the
defendant’s conduct. Fault can manifest in two forms: intention (dolus) and
negligence (culpa).
• Intention (Dolus): Intention exists when the defendant knowingly
and willingly causes harm. The defendant acts with the purpose of
bringing about the wrongful result or is aware that harm will likely
result from their actions. For example, if a person deliberately strikes
another, intending to cause injury, this is an intentional delict.
• Negligence (Culpa): Negligence occurs when the defendant fails to
act with the care that a reasonable person would in similar
, circumstances. The defendant does not foresee the possibility of
harm, but a reasonable person in their position would have.
Negligence involves the failure to take precautions that a reasonable
person would take to avoid causing harm. For instance, if a driver
causes an accident because they were not paying attention to the
road, this may constitute negligence.
In summary, the element of fault in a delict exists as either intention or
negligence. The presence of either form of fault can establish liability in a
delictual claim.
(b) Meaning of "Damage" in Delict (5 marks)
The term damage in delict refers to the actual loss or harm suffered by the
plaintiff as a result of the defendant’s wrongful conduct. Damage can be
patrimonial (economic) or non-patrimonial (non-economic).
• Patrimonial Damage: This includes quantifiable financial losses,
such as medical expenses, loss of income, or repair costs. For
example, in the case of Union Government v Warneke 1911 AD 657,
the court considered the actual financial loss suffered by the plaintiff.
• Non-patrimonial Damage: This includes non-economic harm, such
as pain and suffering, emotional distress, or loss of enjoyment of life.
An example can be found in the case of Bester v Commercial Union
Versekeringsmaatskappy van SA Bpk 1973 (1) SA 769 (A), where the
court awarded damages for non-patrimonial loss, including pain and
suffering.
In essence, "damage" refers to the detrimental effect that the wrongful act
has on the plaintiff, whether in terms of financial loss or personal suffering.
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