PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020.

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 involuntarily and enables him to rely on automatism b) A person may not rely on automatism if he intentionally created a situation in which he behaves involuntarily. c) A person relying on sane automatism as a defence in a delictual case has the onus to prove it. d) According to Van der Merwe and Olivier, automatism does not exclude conduct in a delict. Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material 6. Mark employs electronic equipment to listen in on Johan’s telephone conversations. Which remedy or remedies may be available for Johan? a) The actio iniuriarum b) The action for pain and suffering c) Interdict d) The action for pain and suffering and an interdict 7. Which is the odd one out? a) Necessity b) Official capacity c) Consent d) Mistake 8. The following case is regarded as authority for the proposition that killing a person to protect property may in certain circumstances be justified by private defence. a) Ex parte Minister van Justisie in re S v Van Wyk b) S v Goliath c) Molefe v Mahaeng d) Carmichele c Minsister of Safety and Security 9. The following case is regraded as authority for the proposition that the killing of an innocent person may under certain circumstances be justified by necessity: a) Ex parte Minister van Justisie in re S v Van Wyk b) S v Goliath c) Molefe v Mahaeng d) Carmichele v Minister of Safety and Security 10. Which of the following is incorrect? a) In principle, the test for wrongfulness is objective in nature b) Subjective factors are usually irrelevant in the wrongfulness inquiry c) An improper motive may be relevant to the wrongfulness inquiry in delict cases d) Subjective knowledge that someone may be harmed is always irrelevant to the wrongfulness inquiry. Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material 11. Jaco insults Peter. Peter goes home feeling very depressed. An hour later, Peter phones Jaco and retaliates by insulting Jaco. If Jaco institutes a delictual action for the infringement of his personality rights, Jaco may rely on the following defence: a) Private defence b) Provocation c) Necessity d) None of the above 12.Melvin practices his golf swing in his back yard. He foresees the possibility of his ball breaking a window in his neighbour’s house, but decides that it will not happen. If the ball indeed breaks the window, Melvin had the following in respect of the damage: a) Dolus directus b) Dolus indirectus c) Dolus eventualis d) Luxuria 13. A terrorist places a time-bomb ina busy shopping mall. The bomb explodes and injures kagiso. In respect of Kagiso’s injuries, the terrorist had: a) Dolus indeterminatus b) Dolus directus c) Gross negligence d) Luxuria 14. Gawie wants to spy on Manie, his competitor in business. For this purpose, he installs a surveillance device in the roof of the premises where Manie’s business is located. Gawie needs to break a hole into the roof to accomplish this. He foresees the possibility that rainwater may now leak into the building and may damage Manie’s merchandise, but reconciles himself with the possibility and proceeds nevertheless. After three days, he has managed to learn all Manie’s secrets. In respect of the damage to the roof, Gawie has: a) Dolus directus b) Dolus indirectus c) Dolus eventualis d) Dolus indeterminatus 15. Which one of the following is not a requirement for the interdict? a) Conduct/threatening conduct b) Fault/threatening fault c) Wrongfulness/threatening wrongfulness d) Unavailability of another suitable remedy Downloaded by: ResourceCentre9 | Distribution of this document is illegal S - The Marketplace to Buy and Sell your Study Material 16.Which one of the following principles relates to the rule that you must “take your victim as you find him”? a) The “talem qualem” rule b) The “once and for all” rule c) The “sum formula” rule d) The “mitigation” principle 17. Zara’s two-year-old daughter falls down a flight of stairs. Zara believes that the child has sustained a brain injury and rushes to the hospital. On the way to the hospital, Zara drives over the neighbour’s dog which subsequently dies. The neighbour institutes a delictual claim against Zara. It later transpires that Zara’s daughter merely suffered from mild shock. Which one of the following defences may Zara rely on?