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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024 R50,00   Add to cart

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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024

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CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024 QUESTIONS WITH ANSWERS

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  • August 13, 2024
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CML1501 Assignment
2 Semester 2 2024
(628838)- DUE 19
September 2024
QUESTIONS WITH ANSWERS




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, 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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