Exam (elaborations)
CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
- Course
- CML1501 (CML1501)
- Institution
- University Of South Africa
CML1501 Assignment 2 Semester 2 2024 (628838) QUESTIONS AND ANSWERS
[Show more]
Content preview
CML1501 Assignment2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH COMPLETE ANSWERS
[School]
[Course title]
, CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
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 or Negligence (5 marks)
In the law of delict, "fault" refers to the blameworthy conduct of a person that gives rise to
liability. Fault can manifest in two forms: intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when a person consciously and deliberately engages in
conduct that causes harm to another. The person acts with the knowledge and will to
bring about a specific harmful result. For example, if someone intentionally hits another
person, causing injury, their conduct would be intentional.
• Negligence (Culpa): Negligence occurs when a person fails to exercise the standard of
care that a reasonable person would have exercised in the same situation, resulting in
harm to another. Negligence is not deliberate but arises from carelessness or a failure to
foresee the harm that a reasonable person would have anticipated. An example is a driver
who, while texting, fails to stop at a red light and causes an accident.
In both cases, fault is a key element of delictual liability because the wrongdoer must be shown
to have either intended the harm or acted negligently to be held liable.
(b) Meaning of "Damage" in Delict (5 marks)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller smillanih. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R46,61. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67096 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now