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CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (628838)- DUE 19 September 2024
CML1501 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (628838)- DUE 19 September 2024
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,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)
(a) Element of Fault in a Delict
In South African law, a delict (or tort) is a wrongful act that
causes harm to another, and for a delict to be actionable, the
element of fault must be established. Fault in delict can be
categorized into intention and negligence:
Intention: This occurs when the wrongful act is done
deliberately, with the intention of causing harm or with
knowledge that harm is likely to result. The key case
illustrating this is Glenister v President of the Republic of
South Africa where it was established that intention
involves a deliberate desire to cause harm or recklessness
about the consequences.
Negligence: This is when the wrongful act results from a
failure to exercise reasonable care, which a reasonable
person would have taken to avoid harm. Negligence is less
severe than intention and involves a breach of a duty of
, care. The case Kruger v Coetzee is a classic example where
negligence was defined as conduct that falls short of the
standard of care that a reasonable person would exercise
in similar circumstances.
(b) Meaning of "Damage" in Delict
Damage refers to the harm or loss suffered by the plaintiff due
to the wrongful act of the defendant. It is a necessary element
for establishing a delict, as the plaintiff must show that actual
harm resulted from the defendant's conduct.
Examples from case law include:
Minister of Police v Radebe: The case involved a claim for
damages resulting from unlawful arrest and detention. The
court held that damage must be proven, which in this case
included harm to the plaintiff’s dignity and freedom.
Meyer v Merton: In this case, the damage was assessed in
terms of personal injury caused by a negligent act. The
court examined the extent of physical harm suffered and
its impact on the plaintiff’s life.
(c) Meaning of "Damages" in Delict
Damages refer to the monetary compensation awarded to the
plaintiff for the harm or loss suffered due to the delict. The
purpose of damages is to restore the plaintiff, as far as possible,
to the position they were in before the wrongful act occurred.
Examples from case law include:
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