, CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 2
2024 (628838)- DUE 19 September 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
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) Question 2 (a) What is
meant by the statement that the fundamental principle of our law
of evidence and criminal procedure demands that no person
should be obliged to incriminate himself or herself? Give
examples.(5) (b) Explain whether the law obliges journalists to
answer questions lest they are sentenced to a term of
imprisonment.(5) (c) What does section 205 of the Criminal
Procedure Act, 1977 provides. Is that provision consistent with
the Constitution of the Republic of South Africa, 1996?(5)
Question 3 (a) Explain the claim of false disparagement.(5) (b)
Explain the claim of passing off.(5) (c) Explain the claim of
contravention of the Consumer Affairs (Unfair Business
Practices) Act 71 of 1988 (5) Question 4 (a) Who can claim
Copyright protection? (5) (b) Does the Copyright Act 98 of 1978
give a list of various categories of works that are protected?
Explain each of them. (5) (c) Can any type or category of
creation be protected under law? (5) Question 5 (a) Explain what
is meant by Contempt of court. (5) (b) Explain contempt in facie
curiae. (5) (c) When does a criminal case commence? (5) (d)
Explain the constitution of a trade coupon. Is it may be
constituting of a contract; a printed offer directed at a target
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