Summary
Summary Tutorial work
- Course
- Law Of Delict
- Institution
- University Of The Witwatersrand (wits)
Covers the Fault tutorial in the Delict textbook
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TUTORIAL 7EXERCISE 12A B C DIE
Chapter
AQUI LIAN LIABILITY 12
FAULT
Conduct must culpable element
be
of
fault
whether wrongdoer had capacity for fault
capacity to act w fault
has for fault if they
person capacity
are able to
distinguish beta right B wrong
3 can act in accordance w that appreciatio
mental health intoxication
age
can influence a person's capacity for
fault
has 2 forms
intention dots
or
, Ot
negligence culpa
D INTENTION Cdous
conscious of
direction of will
being
the wrongfulness of one's deeds
is direct intent
1 2 indirect intention
c3 downs eventualists subjectively foresee the
constructive intent possibility of harm t recklessly
proceed w high risk conduct
2 NEGLIGENCE culpa
acted
wrongdoer carelessly although
not on
necessarily purpose
law refrain from acting carelessly in causing
harm to others
negligence conduct
of wrongdoer
weighed up against standard of reasonable
person
122 CAPACITY FOR FAULT
wrongdoer had
capacity to act w fault
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