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PVL3703 - Law of Delict
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- University Of South Africa (Unisa)
PVL3703 - Law of Delict, Exam Questions and Answers
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1) TUT 2021 A2 S1 MCQ - A1. Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and
decides to drive to the local mall to do some shopping. On his way, he suffers an
epileptic seizure. He loses control of his car and smashes into a corner shop,
causing considerable damage to the building and merchandise. The shop owner
institutes a delictual action against Thumi. Which one of the following statements is
correct?
1. Thumi cannot rely on automatism because he negligently placed himself in a
situation where his movements were mechanical.
2. Thumi cannot rely on automatism because the defence actio libera in causa
applies.
3. Thumi can escape liability by relying on automatism.
4. Thumi can escape liability by proving that his bodily movements were not
voluntary at the
time when the damage was caused.
2) TUT 2021 A2 S1 MCQ - A
2. Which one of the following is incorrect?
1. An animal cannot act for purposes of the law of delict.
2. A public school can act for the purpose of the law of delict.
3. Behaviour must be willed to qualify as a voluntary act.
4. Conduct may consist of a commission or an omission.
3) TUT 2021 A2 S1 MCQ - A
3. According to case law, the negligence of a child wrongdoer in delict cases is
determined …
1. according to a reasonable child standard.
2. according to the boni mores standard.
3. according to the standard of a reasonable child of the same age.
4. according to a reasonable person standard, but the youthfulness of the child is
considered when determining accountability.
4) TUT 2021 A2 S1 MCQ - A
4. Gezani incites his aggressive, pedigreed rottweiler dog to attack Derick. Derick
shoots and kills the dog. If Gezani institutes a delictual action against Derick for the
loss of his dog, Derick may rely on the following defence:
1. Necessity.
2. Private defence.
,3. Provocation.
4. None of the above.
5) TUT 2021 A2 S1 MCQ - A
5. Tebogo asks Mary to look after Uli, her pedigreed and well-trained German
shepherd dog while Tebogo is away on vacation. The next day Mary takes Uli for a
walk in a park. Mary sees William, her ex-boyfriend, in the distance. Mary has a
grudge against William and orders Uli to attack him. William shoots and kills Uli.
Tebogo institutes a delictual action against William for the loss of her dog. William
may rely on the following defence:
1. Necessity.
2. Private defence.
3. Provocation.
4. None of the above.
6) TUT 2021 A2 S1 MCQ - A
6. Which statement is incorrect?
1. When determining legal causation, standards such as adequate causation and
direct consequences may be used as subsidiary tests.
2. A legal causal link exists if there is a sufficiently close link between an act and a
consequence that the consequence may be imputed to the wrongdoer.
3. A legal causal link between an act and a consequence is determined by mentally
eliminating the act and inquiring whether the consequence will then also disappear.
4. A legal causal link is determined with reference to policy considerations of
reasonableness, fairness and justice.
7) TUT 2021 A2 S1 MCQ - A
7. If a court must determine whether a brain surgeon was negligent while driving his
car, the court will inquire whether he met the standard of care of:
1. The reasonable person.
2. The reasonable doctor.
3. The reasonable brain surgeon.
4. The most well-known brain surgeon practicing in South Africa.
8) TUT 2021 A2 S1 MCQ - A
8. Luke and his brother Paul bear a grudge against Patrick and agree to teach him a
lesson he will not forget. While Patrick walks around in a shopping mall, Luke and
Paul damage Patrick’s motorbike by hitting it with hammers. If Patrick successfully
sues Luke and Paul in delict, they will incur:
1. Vicarious liability.
,2. Joint and several liability.
3. Liability based on contributory intent.
4. Strict liability.
9) TUT 2021 A2 S1 MCQ - A
9. While watching a soccer match, Tom, a staunch supporter of Orlando Pirates, tells
Ace, a staunch supporter of Chiefs, that he (Ace) is a wimp for supporting such a
useless team. Tom continues to insult Ace. After enduring Tom’s insults for about 30
minutes, Ace in a blind range, hits Tom in the face, breaking Tom’s nose. Tom
institutes a delictual action against Ace. Ace may rely on:
1. Private defence.
2. Necessity.
3. Provocation.
4. None of the above.
10) TUT 2021 A2 S1 MCQ - A
10. Which of the following principles relates to the maxim that you must “take your
victim as you find him”?
1. The “sum formula” approach.
2. The “mitigation” of loss principle.
3. The “talem qualem” rule.
4. The “once and for all” rule.
1) TUT 2020 A2 S2 MCQ - A
1) Absolute compulsion is one of the conditions that may cause a person’s
behaviour to be involuntary and hence not to qualify as conduct for the purpose
of delictual liability. In which one of the following instances is Y subject to
absolute compulsion?
1. X points a gun at Y and orders Y to damage Z’s motor vehicle. In order to save
his own life, Y dents Z’s motor vehicle.
2. Y suffers an epileptic fit while driving his motor vehicle and in the process
smashes into Z’s motor vehicle.
3. Y is ‘blind drunk’ and lies on the sidewalk, making involuntary movements with
his arms and legs. Z’s motor vehicle is parked next to Y and Y’s involuntary
movements cause a dent in Z’s motor vehicle.
, 4. X pushes a baseball bat into Y’s hand and then, without Y being able to offer
resistance, X takes hold of Y’s hand and forces it to cause a dent on Z’s motor
vehicle.
Answer: 4; see Neethling and Potgieter p 27 (fn 21).
2) TUT 2020 A2 S2 MCQ - A
2) Which of the following best describes what is meant by “psychological lesion”?
1. Emotional shock.
2. Negligent misrepresentation.
3. Pure economic loss.
4. Infringement of the right to identity.
Answer: 1; see Neethling and Potgieter 300.
3) TUT 2020 A2 S2 MCQ - A
3) Which one of the following qualifies as private defence?
1. John’s vicious dog charges to attack Zain. To protect himself, Zain picks up a
baseball bat and gives the dog a blow to the head.
2. Brian threatens Wilma with a knife and robs her of her cell phone. After three
months, Wilma sees Brian at a shopping centre and reacts by stabbing Brian
with a high heeled shoe.
3. A child points a firearm at you and you grab his arm to prevent him from
shooting you. The child sustains injuries to his arm.
4. A police officer arrests Liam in the execution of a legitimate warrant of arrest.
Liam resists the arrest. He jabs the policeman, cracking one of the policeman’s
ribs, in an attempt to escape.
Answer: 3; see Neethling and Potgieter 88-97.
4) TUT 2020 A2 S2 MCQ - A
4) Neil is chased by a fierce Jersey bull and jumps onto Conrad’s scooter, which is
parked next to the road, in order to race away and save his own life. The
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