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CML1501 Assignment 2 Full Solutions Semester 2 2024 (628838)- DUE 19 September 2024 R52,27
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CML1501 Assignment 2 Full Solutions Semester 2 2024 (628838)- DUE 19 September 2024
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CML1501 Assignment 2 (COMPLETE QUESTIONS & ANSWERS) Semester 2 2024 (628838)- DUE 19 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 1 (a) Explain whether the element...

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CML1501
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.628838
DUE DATE: 19 SEPTEMBER 2024

, CML1501
Assignment 2
Semester 2 2024


Unique number:628838
Due date: 19 September 2024


Communication Law


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QUESTION 1

(a) Fault in Delict: Intention or Negligence

In the context of a delict (a civil wrong similar to a tort), the element of fault exists as
either intention (dolus) or negligence (culpa). Both are forms of blameworthiness and
are crucial in establishing liability.




UNISA@2024

, QUESTION 1

(a) Fault in Delict: Intention or Negligence

In the context of a delict (a civil wrong similar to a tort), the element of fault exists as
either intention (dolus) or negligence (culpa). Both are forms of blameworthiness and
are crucial in establishing liability.

 Intention (Dolus): This occurs when the wrongdoer deliberately and knowingly
commits the wrongful act. The wrongdoer’s actions are purposeful, and they
foresee the harmful consequences of their actions and proceed regardless. For
example, if someone intentionally defames another person, they act with dolus.
 Negligence (Culpa): This arises when the wrongdoer fails to act with the care
that a reasonable person would have exercised under similar circumstances.
Here, the wrongdoer does not intend the harmful outcome, but their careless
actions lead to it. For example, if a driver fails to stop at a red light and causes an
accident, they may be considered negligent.

Both intention and negligence are forms of fault that can give rise to delictual liability,
but they differ in the level of blameworthiness.

(b) Meaning of "Damage" in Delict

In delict, damage refers to the harm or loss suffered by a person due to the wrongful
act of another. Damage is the actual harm that forms the basis of a delictual claim. It
can be patrimonial (financial) or non-patrimonial (non-financial).

 Patrimonial damage includes loss of income, medical expenses, and repair
costs. For example, in the case of Minister van Polisie v Ewels 1975 (3) SA 590
(A), the court dealt with damage resulting from police officers failing to prevent an
assault.
 Non-patrimonial damage involves pain and suffering, emotional distress,
and loss of amenities of life. In Mokwena v Minister of Police 2021 (1) SACR

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