CML1501
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 628838
Due date: 19 September 2024
QUESTION 1
(a) Element of Fault in a Delict
In the context of a delict, the element of fault can exist in two forms: intention or
negligence. Fault, in a legal sense, is the blame or responsibility attached to a person's
conduct. Intention is present when a person consciously aims to achieve a particular
result, fully aware that the act is wrongful. Negligence, on the other hand, occurs when a
person's conduct deviates from what a reasonable person would do in the same situation,
thereby failing to prevent foreseeable harm. In most delictual cases, the form of fault
required is intention, but negligence is also a significant factor in determining liability.
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