100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024 R50,00   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. CML1501 (CML1501)

Exam (elaborations)

CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024
 7 views  0 purchase

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

Preview 2 out of 12  pages

Document information

  • August 13, 2024
  • 12
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

Written for

All documents for this subject (13)

Seller

avatar-seller
mulah11

Reviews received

Content preview

[Company name]



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

, 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) Element of Fault in Delict: Intention and Negligence

In the law of delict, the element of fault is crucial for establishing liability. Fault can
manifest as either intention or negligence:

1. Intention (dolus): This occurs when a person deliberately commits an act,
knowing that it will cause harm. The wrongdoer has a clear purpose or desire to
bring about the unlawful consequence. Intention can be direct (where the person
wants the harm to occur) or indirect (where the person foresees the harm as a
certain consequence of their actions but does it anyway).

2. Negligence (culpa): This occurs when a person fails to act with the level of care
that a reasonable person would exercise in similar circumstances. Negligence
involves the failure to foresee and prevent harm when it was reasonably possible
to do so. It does not require a deliberate intention to cause harm but rather a
careless disregard for the potential consequences of one's actions.

For a delict to occur, there must be a fault, either in the form of intention or negligence,
which leads to the infringement of another's rights.

(b) Meaning of "Damage" in Delict

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 mulah11. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R50,00. 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

Start selling
R50,00
  • (0)
  Buy now