The actio iniuriarum - Study guides, Study notes & Summaries

Part I Introduction to the law of delict This chapter serves as a general introduction to the law of delict. Topics dealt with are the nature of a delict and its place in the legal system; the distinction between this phenomenon and breach of contract and crime; the historical development of delictual liability; and the influence of the constitutional Bill of Rights on the law of delict. Chapter 1 General introduction 1 Delict: general nature and place in the legal system The...

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury ...

Introduction 1. Which one of the following statements in respect of the relationship between the law of delict and criminal law is correct ? (a) All crimes also qualify as delicts. Incorrect – some crimes, like blasphemy, high treason and parking offences, are not delicts. (b) All delicts also qualify as crimes. Incorrect – some delicts like adultery, breach of promise and negligent damage to property, are not crimes. (c) The primary function of both delictual remedies and criminal ...

Law of Delict (PVL3703) exam memos from May/June 2016 - Oct/Nov 2018. Note: Not guaranteed that all answers contained in this document are 100% correct. Oct/Nov 2018 1 Indicate the incorrect statement with regard to the law of delict and the constitution: 1. An infringement of a right may constitute a constitutional wrong and a delict 2. The requirements for a delict and a constitutional wrong differ materially 3. Direct application means that the state must generally respect fundamental r...

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020. Bongani’s cow eats and tramples Mandla’s maize crops. Bongani forgot to close the gate between his and Mandla’s land. Which remedy or remedies is available to Mandla? a) The actio de pauperie and actio legis Aquiliae b) The actio de pauperie and interdict c) The actio de pastu only d) The actio de pastu and actio legis Aquiliae 5. Which one of the following is incorrect? a) An epileptic seizure may cause a person to behave involuntari...

LPL4802_ LAW_OF_DAMAGES_PORTFOLIO. Principles of damages a) Heads of damages i. Pain and suffering This head of damages includes all pain, suffering, shock and discomfort, including both physical and mental pain and suffering.1 What is important is the pain actually experienced by the plaintiff irrespective of whether he/she is more or less sensitive than the average person. Thembi sustained injuries from her husband Tim when he allegedly used a golf stick to assault her. As a result, she...

LPL4802_ Law Of Damages_ EXAM NOTES AND SUMMARY. MEASURING DAMAGE USING THE COMPARATIVE APPROACH AND INCORPORATING THE USE OF THE CONCRETE CONCEPT OF DAMAGE The ideal approach to measuring damage would be to use aspects of the comparative approach and also incorporate aspects of the concrete concept of damage, which measures the diminution or deterioration of a particular part of someone’s patrimony as a result of the damagecausing event. In view of assessing the impact of the delict on ...

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury ...

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury ...

Exam Papers FLS1502 October/November 2013 Section A: Roman Law of Things Question 1 What is the difference between a personal and a real action? (2) A real action enforced a real right in respect of a thing and could be enforced against any person who encroached on a person’s right to a thing. A personal action on the other hand enforced a personal right that can only be enforced against a specific person. Question 2 Which forms of delivery are applicable in the following cases? 2...