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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
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QUESTIONS WITH ANSWERS CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
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[Company name]CML1501
Assignment 2
Semester 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)
(a) Element of Fault in Delict: Intention and Negligence
In the law of delict, the element of fault is crucial for establishing liability. Fault can
manifest as either intention or negligence:
1. Intention (dolus): This occurs when a person deliberately commits an act,
knowing that it will cause harm. The wrongdoer has a clear purpose or desire to
bring about the unlawful consequence. Intention can be direct (where the person
wants the harm to occur) or indirect (where the person foresees the harm as a
certain consequence of their actions but does it anyway).
2. Negligence (culpa): This occurs when a person fails to act with the level of care
that a reasonable person would exercise in similar circumstances. Negligence
involves the failure to foresee and prevent harm when it was reasonably possible
to do so. It does not require a deliberate intention to cause harm but rather a
careless disregard for the potential consequences of one's actions.
For a delict to occur, there must be a fault, either in the form of intention or negligence,
which leads to the infringement of another's rights.
(b) Meaning of "Damage" in Delict
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