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Covers the Fault tutorial in the Delict textbook

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  • May 17, 2023
  • 15
  • 2021/2022
  • Summary
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TUTORIAL 7
EXERCISE 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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