PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020. .Prospective loss is best assessed in accordance with: a) The sum-formula approach b) The “once and for all” rule c) The concrete approach to damage d) Res inter alios acta 18.Oratile and Mapule are farming on adjacent properties. Oratile bears a grudge against Mapule. He sets up a device, which causes a loud bang every half an hour, on the common boundary between the two farms. As a result of this, Mapule and her family cannot sleep at night and are irritated by day. Mapule asks Oratile to dismantle the device, but Oratile says the device serves the purpose of scaring the baboons away from his orchards. Which delictual remedy may be available to Mapule? a) The actio de pauperie b) The actio de feris c) The actio de effuses vel deiectis d) The interdict 19. Precious has a stall on the sidewalk where she sells homemade cakes. While Precious is tending to customers, Donald and Jacob pass by and steal an entire tray full of cakes. As Donald and Jacob proceed to run away, Jacobs hart falls off and Precious recognizes him and reports the matter to the police. The police manage to find Donald and Jacob, after they have consumed all the cakes. Precious wants to claim damages from Jacob. Can she claim the whole amouny of damages from Jacob? a) Yes, Jacob is vicariously liable for the damage. b) Yes, joint wrong-doers are in solidum liable for the full damage. c) No. Jacob is Known by Precious. d) No, Jacob and Donald are equally liable for the damage. 20.Which one of the following is not a specific form of damnum iniuria datum? a) Product liability b) Pure economic loss c) Unlawful competition d) Defamation MAY/JUNE 2019 1. Which one of the following statements is correct about the South African Law of delict? a) A wrongdoer may be held liable only if his conduct satisfies the requirements of a specific delict. b) The South African law of delict follows a casuistic approach. c) The law of delict belongs to the part of private law known as the “law of obligations” d) The law of delict consists of a set of separate delicts. 2. Indicate the incorrect statement with regard to delictual liability. a) The boni mores test is an objective test. b) Wrongfulness is always determined ex ante c) A harmful consequence is itself insufficient to constitute wrongfulness. d) An act and its resulting consequence are always separated by time and space. 3. In which one of the following cases did the court accept the doctrine of subjective rights? a) Halliwell v Johannesburg Municipal Council b) Minister van Polisie v Ewels c) Telematrix v Advertising Standards Authority SA d) Universiteit van Pretoria v Tommie Meyer Films 4. In which one of the following circumstances may X rely on “private defence”? a) X is attacked and bitten while playing with the neighbour’s dog. X reacts by striking the dog with a stick injuring it. b) A policeman with a valid warrant of arrest for X, arrests X. X resists the arrest and strikes the policeman injuring him. c) X, a prisoner whose prison term has expired, is not released. In order to escape prison, X assaults the guard who refuses to release him. d) The owner of a farm Y, while placing his hand on his gun, tells X that he is trespassing on his land and that if he does not leave within the next hour, he will forcefully remove him. X immediately reacts by striking Y with a cricket bat. 5. In which of the following circumstances may X not rely on the defence of “necessity”? a) X is attacked and bitten while playing with the neighbour’s dog. X reacts by striking the dog with a stick injuring it. b) X believes that his daughter’s life is in danger as she accidentally swallowed some liquid detergent. X rushes to the hospital with his daughter and in his rush causes damage to Y’s car. It transpired that X’s daughter’s life was not in danger as the detergent was not harmful. c) X damages his neighbour’s door while the neighbour is on holiday, in order to gain entry into the house because there seems to be smoke coming from within. d) Y, while holding a knife to X’s wife’s throat, tells X that if he does not kill Z, he will kill X’s wife. X, out of fear for his wife’s life, follows Y’s instructions and kills Z. 6. Y verbally insults X who in retaliation slaps Y across the cheek. If Y institutes a delictual action for the infringement of his personality rights, X may rely on: a) Private defence b) Necessity c) Provocation d) None of the above 7. Which one of the following statements is correct with regard to the requirements of consent? a) There must be an agreement between the person consenting (the injured person) and the actor. b) The person giving the consent must have full legal capacity to act. c) Mere knowledge of the risk of harm is sufficient for the requirement of “appreciation” of the risk of harm. d) The person consenting must be able to express his will 8. Luke places a time-bomb in a busy restaurant. The bomb explodes two hours later causing injury to the people in and in close proximity to the restaurant. Which one of the following forms of fault did X have in respect of the injury to the victims of the explosion? a) Dolus determinatus b) Dolus eventaulis c) Dolus indeterminatus d) Luxuria 9. In which of the following cases did the defence of volenti non fit iniuria succeed? a) Lampert v Hefer b) Maartens v Pope c) Netherlands Insurance Co v Van der Vyver d) Santam Insurance Co Ltd v Vorster. 10.In which one of the following delictual remedies is there no need to prove harm, loss or damage? a) Interdict b) Actio de pastu c) Actio de pauperie d) Action for pain and suffering 11.If a person can differentiate between right and wrong and act in accordance with this insight, he or she: a) Is in a state of automatism b) Can rely on the ground of justification c) Is accountable d) Is negligent 12.Imraan, a financial advisor, negligently advises Trevor to make a bad investment. As a result of this, Trevor suffers significant financial loss. Which one of the following delictual remedies may be available of Trevor wants to recover his financial loss from Imraan? a) The action legis Aquiliae b) The actio iniuriarum c) The action for pain and suffering d) None of the above 13.The maxim “you must take your victim as you find him” is also known as the: a) Sum-formula approach b) “talem qualem” rule c) “once and for all” rule d) Concrete approach to damage 14.Sylvester steals a laptop from an electronics store. To get to the laptop, he smashes a window made from expensive glass. In respect of the damage to the window, Sylvester has: a) Dolus indirectus b) Dolus eventualis c) Dolus indeterminus d) Luxuria 15.Defamation is an infringement of a person’s: a) Feelings b) Good name c) Privacy d) Identity 16. Which one of the following is not a ground of justification against defamation? a) Privilege or privileged occasion b) Truth and public interest c) Media privilege d) Provocation 17.If patrimonial loss is caused in a negligent manner, the most appropriate delictual remedy to consider is: a) The actio legis Aquiliae b) The actio iniuriarum c) The action for pain and suffering. d) None of the above 18.If bodily injury is caused in a negligent manner, the most appropriate delictual remedy to consider is: a) The actio legis Aquiliae b) The action iniuriarum c) The actio de pauperie d) The actio de pastu 19.If the dignity of a person is infringed, the most appropriate delictual remedy to consider is: a) The actio legis Aquiliae b) The actio iniuriarum c) The action for pain and suffering d) None of the above 20.Tyron is training to be a tattoo artist. He asks Latitia whether he can practice his newly acquired skills on her. Tyron explains to Latitia that he will apply a temporary tattoo on her bach whick can easily be removed by washing it with water, Latitia agrees to this. Tyron designs an eagle tattoo across Latitia’s back. When Latitia discovers that the tattoo is permanent, she wants to institute a delictual action against Tyron. Tyron may rely on the following ground for justification: a) Necessity b) Official authority c) Consent d) None of the above