Delict causation - Study guides, Class notes & Summaries

CHAPTER ONE THE NATURE AND BASIS OF CONTRACT THE NOTION OF CONTRACT A contract is an agreement between two or more parties with a serious intention of creating a legally bindingobligation(s) – animus contrahendi Legally bindingagreements that are not contracts: • Obligationary agreements – where obligations are created, i.e. sale and lease agreements • Absolving agreements – where obligations are canceled, i.e. settlement agreements • Real or transfer agreements – where rig...

. Enrichment Liability And Estoppel. What is the appropriate enrichment action that B must institute against the bank (C) according to case law? 1 The condictio sine causa. 2 The condictio indebiti. 3 The condictio causa data causa non secuta. 4 The condictio ob turpem vel iniustam causam. 5 The actio negotiorum gestorum contraria. (2) Question 16 Indicate which one of the following is not a requirement for a valid reliance on estoppel: 1 There must have been a misrepresentation of intention. 2 ...

ANSWERING PROBLEM-TYPE QUESTIONS A useful way to approach problem type questions is to use the IPAC scheme: I =IDENTIFY the legal issues involved. P= set out the applicable legal PRINCIPLES. A= APPLY the legal principles to the facts. C= give your CONCLUSION. IDENTIFYING THE PROBLEM Identifying the relevant issues correctly is the most important step in answering the question. TIPS: • Start broadly and then narrow down the topic. For example, ask yourself whether the question is ab...

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 ...

CLA1501_ COMMERCIAL LAW_ BEST NOTES NOVEMBER 2021. AUTHORITATIVE SOURCE OF SA LAW: 2 types of sources: Authoritative – court is bound by & Persuasive – used/interpret in particular way to convince court ruling. 1) Statute Law or Legislation 1.1 General:  Dutch legislation passed between 1652 -1806 if approved & accepted by SA Law  English statues don‟t apply to SA unless by official proclamation regarding the union of SA or colonies 1.2 The Constitution of RSA 1996  Is t...

CRW2601 EXAM PACK. General Principles Of Criminal Law. According to the absolute theory, punishment is an end in itself, while according to the relative theories, punishment is a means to a secondary end. b) The effectiveness of the theory of general deterrence depends only on the severity of the punishment that is imposed on an offender. c) The “triad in Zinn” (the crime, the criminal and interests of society) enables a court to consider all the theories of punishment when imposing...

PVL3703 Assignment 1 Super Semester 2021 Question 1 Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and decides to drive to the local mall to do some shopping. On his way, he suffers an epileptic seizure. He loses control of his car and smashes into a corner shop, causing considerable damage to the building and merchandise. The shop owner institutes a delictual action against Thumi. Which one of the following statements is correct? 1. Thumi cannot rely on automa...

PVL3703 Assignment 1 Super Semester 2021 Question 1 Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and decides to drive to the local mall to do some shopping. On his way, he suffers an epileptic seizure. He loses control of his car and smashes into a corner shop, causing considerable damage to the building and merchandise. The shop owner institutes a delictual action against Thumi. Which one of the following statements is correct? 1. Thumi cannot rely on automa...

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 ...