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CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (628838)- DUE 19 September 2024
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CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (628838)- DUE 19 September 2024
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, CML1501 Assignment 2 (COMPLETE ANSWERS)Semester 2 2024 (628838)- DUE 19 September
2024 ; 100% TRUSTED Complete, trusted solutions
and explanations.
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 delict, fault refers to the mental state of the defendant at the
time of the wrongful conduct. It can exist as either intention
(dolus) or negligence (culpa).
Intention (Dolus): This involves a deliberate and conscious
decision by the defendant to engage in wrongful conduct.
Intention can be direct (where the defendant aims to
cause harm), indirect (where harm is a foreseeable
consequence of the act), or dolus eventualis (where the
defendant foresees the possibility of harm but proceeds
anyway).
Negligence (Culpa): This occurs when a defendant fails to
act with the care that a reasonable person would have
exercised under similar circumstances. Negligence is
assessed by applying the reasonable person test, which
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