100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024 R49,92   Add to cart

Exam (elaborations)

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

 9 views  0 purchase

CML1501 Assignment 2 Semester 2 2024 (628838)- DUE 19 September 2024...Detailed work, solutions, memos, notes, and explanations

Preview 1 out of 12  pages

  • September 9, 2024
  • 12
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
All documents for this subject (32)
avatar-seller
Excellentstudyresources001
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)

Question 1: Delict

(a) Fault in Delict: Intention or Negligence (5 marks)

In delict, the element of fault refers to the blameworthiness of the defendant's conduct.
Fault can manifest as either intention (dolus) or negligence (culpa).

• Intention (Dolus): This is when the defendant acts with the purpose of causing
harm, or when the defendant knows that harm is a certain result of their actions
but proceeds anyway. The intention to harm is central, and the defendant must
have had a clear understanding that their actions would result in damage.

o Example: In Minister of Police v Rabie 1986 (1) SA 117 (A), the court
dealt with the intentional wrongful act of a police officer that led to harm.
The officer was found to have acted intentionally, thereby satisfying the
element of fault.

• Negligence (Culpa): Negligence occurs when the defendant fails to act with the
level of care that a reasonable person would exercise in the same situation,
leading to harm. The defendant’s actions (or omissions) are judged against the
standard of the reasonable person.

o Example: In Kruger v Coetzee 1966 (2) SA 428 (A), the court outlined the
test for negligence, stating that a person is negligent if they foresee the

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 Excellentstudyresources001. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R49,92. 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
R49,92
  • (0)
  Buy now