CML1501 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (628826)- DUE 14 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App
1.1 Write brief notes on THREE of the following: (a) The various types of licences available for broadcasting purposes. (3) ...
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, CML1501 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 (628838)- DUE 19 September 2024 ;
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explanations. For assistance, Whats-App
Question 1
(a) Explain whether the element of fault exists in a “delict” as
either intention or negligence. (5) (b) Explain the meaning of
the term “Damage” in delict. Give examples from case law.(5)
(c) Explain the meaning of the word “damages” in delict. Give
examples from case law.(5)
(a) Fault in Delict: Intention and Negligence
In the context of delict, fault refers to the blameworthiness of the wrongdoer’s conduct and can
manifest as either intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when the wrongdoer deliberately engages in conduct that
they know or foresee will cause harm. It involves a conscious decision to perform the act
despite knowing the consequences. For example, if a person knowingly sets fire to a
neighbor's property, causing damage, they act with intention.
• Negligence (Culpa): Negligence arises when the wrongdoer fails to exercise the care that
a reasonable person would have in the same situation, resulting in harm. Unlike intention,
negligence does not require deliberate action; it occurs due to carelessness or
recklessness. For instance, if a driver fails to stop at a red light and causes an accident,
they may be negligent.
In summary, fault in delict exists either as intention, where there is a deliberate act to cause
harm, or as negligence, where harm results from a failure to exercise reasonable care.
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