PVL3703 EXAM PACK AND STUDY GUIDE 2022

QUESTIONS A useful way to approach problem type questions is to use the IPAC scheme: I =IDENTIFY the legal issues involved. P= set out the applicable legal PRINCIPLES. A= APPLY the legal principles to the facts. C= give your CONCLUSION. IDENTIFYING THE PROBLEM Identifying the relevant issues correctly is the most important step in answering the question. TIPS: • Start broadly and then narrow down the topic. For example, ask yourself whether the question is about causation, wrongfulness due to an omission. Usually, the wording of the question will give you an indication of this. If you decide it is about the wrongfuless due to omission , ask yourself which specific factors that determine a legal duty. Carry on until you are sure that you have sufficiently narrowed down the topic. • If you think more than one legal issue is involved, discuss both, but pay more attention to the issue you regard as most relevant to the question. • If you are not sure what the legal issue is, do not use the ‘shotgun’ approach! Writing down everything you know about a certain topic, simply creates the impression that although you might know the work, you do not understand it. PRINCIPLES Here you will summarise the legal principles applying to the legal issue. These can usually be set out in the following form: The rule= Requirements for the rule to apply + Consequences if the rule applies ( Authority) TIPS: • Do not discuss all the legal principles in complete detail. Summarize the main points to start off with. When you start applying the principles to the facts, give a more detailed discussion on the specific principles that are relevant to your application. APPLICATION This is a very important part of your answer, and what usually distinguishes a simple pass from a first class pass. What you have to do, is to link the facts to the legal principle involved. Motivating your answer is very important-part of being able to construct a proper argument is to give reasons for your answer. CONCLUSION This is usually short, where you simply summarise what your answer to the question is. Downloaded by: bodies | Distribution of this document is illegal S - The study-notes marketplace “The expert in anything was once a beginner” 3 MUTLIPLE CHOICE (1) When so-called open-ended delictual norms are given content in light of the basic values of chapter 2 of the Constitution, this is known as: 1. direct application of the Bill of Rights 2. indirect application of the Bill of Rights 3. vertical application of the Bill of Rights 4. horizontal application of the Bill of Rights 5. a constitutional delict (2) Mike’s cow eats and tramples George’s crops. Mike forgot to close the gate between his and George’s land. Which remedy or remedies may be available to George? 1. actio de pauperie and actio legis Aquiliae 2. actio de pauperie and interdict 3. actio de pastu only 4. actio de pauperie only 5. actio de pastu and actio legis Aquiliae (3) Koos inadvertently walks into an ablution facility for ladies and sees Brenda taking a shower. Which remedy may be available to Brenda? 1. actio legis Aquiliae 2. actio iniuriarum 3. action for pain and suffering 4. actio de effusis vel deiectis 5. none of the above (4) Norman enters into a sexual relationship with Lex’s wife. Which remedy or remedies may be available to Lex? 1. actio iniuriarum 2. action for pain and suffering 3. actio iniuriarum and action for pain and suffering 4. actio de effusis vel deiectis 5. none of the above (5) John and Peter bear a grudge against Greg and agree to teach him a lesson he will not forget. While Greg is in a shopping centre, John and Peter damage Greg’s motor car by hitting it with hammers. If Greg successfully sues John and Peter in delict, they will incur: 1. vicarious liability 2. joint and several liability 3. liability based on contributory intent Downloaded by: bodies | Distribution of this document is illegal S - The study-notes marketplace “The expert in anything was once a beginner” 4 4. strict liability 5. risk liability (6) Prospective loss is best assessed in accordance with: 1. the sum-formula approach 2. the “once and for all” rule 3. compensating advantages 4. the concrete approach to damage 5. res inter alios acta (7) According to the following case liability of the media for defamation is based on negligence: 1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A) 2. Molefe v Mahaeng 1999 1 SA 562 (SCA) 3. National Media Ltd v Bogoshi 1998 4 SA 1196 (SCA) 4. Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) 5. S v Goliath 1972 3 SA 1 (A) (8) Alex incites his dog to bite Charles. Charles kills the dog with his golf club. Alex institutes a delictual claim against Charles. What defence may be available to Charles? 1. private defence 2. necessity 3. provocation 4. volenti non fit iniuria 5. none of the above (9) The following case is regarded as authority for the proposition that killing of an innocent person may be justified by necessity: 1. Kruger v Coetzee 1966 2 SA 428 (A) 2. Molefe v Mahaeng 1999 1 SA 562 (SCA) 3. National Media Ltd v Bogoshi 1998 4 SA 1196 (SCA) 4. Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) 5. S v Goliath 1972 3 SA 1 (A) (10) The following case deals with the approach that wrongfulness consists in the breach of a legal duty: 1. Kruger v Coetzee 1966 2 SA 428 (A) 2. Molefe v Mahaeng 1999 1 SA 562 (SCA) 3. National Media Ltd v Bogoshi 1998 4 SA 1196 (SCA) 4. Carmichele v Minister of Safety and Security 2001 4 SA 938 (CC) 5. S v Goliath 1972 3 SA 1 (A) Downloaded by: bodies | Distribution of