CML1501 Assignment
2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH ANSWERS
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[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) The Element of Fault in Delict: Intention or Negligence
In the context of delict, fault (or culpability) is a crucial element, which can manifest as either
intention (dolus) or negligence (culpa).
• Intention (Dolus): This occurs when a person knowingly and willingly engages in
conduct that causes harm to another. The person foresees the consequences of their
actions and proceeds regardless of the harm that may result. For example, in the case of
Van Wyk v Lewis 1924 AD 438, the court dealt with the intentional conduct of a doctor
who knowingly performed an operation in a negligent manner.
• Negligence (Culpa): Negligence arises when a person fails to act with the level of care
that a reasonable person would have exercised in the same situation. This lack of care
results in harm to another. Negligence is assessed by considering whether a reasonable
person in the same circumstances would have foreseen the harm and taken steps to
prevent it. In Kruger v Coetzee 1966 (2) SA 428 (A), the court established that a person is
negligent if they fail to foresee the possibility of harm that a reasonable person would
have foreseen and taken steps to prevent.
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