PVL3703 EXAM PACK

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 to personality. IV. V. Action for pain and suffering: Claim compensation for wrongful and culpable impairment of bodily or physical-mental integrity. 4. Write brief notes on the differences/ similarities between a delict and a breach of contract Seems the same, but a breach of contract is only constituted by the non-fulfilment by a contractual party of a personal right or an obligation to perform. Thus, the remedies are primarily directed at enforcement, fulfilment or execution of the contrac