PVL3701 MCQS EXAM PACK-100% CORRECT ANS.

Contents ASSIGNMENT 2018 SEMESTER 1 ...................................................................................... 1 ASSIGNMENT 2018 SEMESTER 2 ...................................................................................... 3 ASSIGNMENT 2019 SEMESTER 1 ...................................................................................... 6 ASSIGNMENT 2019 SEMESTER 2 ...................................................................................... 9 MULTIPLE CHOICE JUNE 2017 ........................................................................................ 11 MULTIPLE CHOICE OCTOBER 2017 ................................................................................ 14 MULTIPLE CHOICE JUNE 2018 ........................................................................................ 19 MULTIPLE CHOICE OCTOBER 2018 ................................................................................ 23 MULTIPLE CHOICE JUNE 2019 ........................................................................................ 26 MULTIPLE CHOICE OCTOBER 2019 ................................................................................ 30 PVL3701 MCQS EXAM PACK-100% CORRECT ANS. ASSIGNMENT 2018 SEMESTER 1 Question 1 Which one of the following statements is incorrect with regard to a delict? 1. Breach of contract is a species of the genus delict. 2. A “breach of a duty imposed by law” may constitute a delict. 3. One and the same act may result in a delict and a crime. 4. A delict and a constitutional wrong are two different concepts. Question 2 Fatima’s two year old daughter falls down a flight of stairs. Fatima believes that the child has sustained a brain injury and rushes her to the hospital. On the way to the hospital Fatima drives over the neighbour’s dog which subsequently dies. The neighbour institutes a delictual claim against Fatima. It later transpires that Fatima’s daughter merely suffered from mild shock. Which one of the following defences may Fatima rely on? 1. Provocation 2. Private defence 3. Necessity 4. None of the above defences. Question 3 Harry punches David in the face in an attempt to stop David from hitting him with a spade. David decides to institute a delictual action against Harry for the injury sustained to his face. Which defence could Harry rely on? 1. Provocation. 2. Private defence. 3. Necessity. 4. None of the above defences. Question 4 Choose the correct alternative. Dolus eventualis is present when the wrongdoer… 1. desires a particular indirect result with regard to his conduct and continues with his plan causing the indirect result. 2. does not desire a particular result but foresees the possibility of the result and reconciles himself with that possibility nevertheless performing the act. 2 3. directly intends the result of his conduct but simultaneously is aware that another consequence will unfortunately occur. 4. does not desire a particular result but foresees the possibility of the result, reconciles himself with that possibility and later comes to the conclusion that the result would not happen. Question 5 Which of the following statements is correct with regard to accountability? 1. A child under the age of nine is always considered to be culpae capax. 2. There is an irrebuttable presumption that a child between the age of nine and under fourteen years lacks accountability. 3. A person cannot be at fault without being accountable. 4. A person who drinks and drives thereafter causing an accident can never be culpae capax. Question 6 Which one of the following is not a requirement under the actio de pastu? 1. The defendant must be the owner of the animal at the time the damage occurs. 2. The animal must be a domestic animal. 3. The animal must cause damage by eating plants. 4. The animal must act of its own free will when causing the damage. Question 7 Indicate the correct statement with regard to the concurrence of delictual, criminal and contractual liability. 1. A claim for damages is the primary remedy for breach of contract. 2. One and the same act may render the wrongdoer delictually as well as contractually liable. 3. One and the same act cannot found delictual as well as criminal liability. 4. A claim for damages is the secondary remedy in respect of a crime. Question 8 Veronica’s donkey attacks some of the employees on the farm. Just as the donkey was about to injure Charles (an employee), he shot and killed it with his rifle. Veronica institutes an action for damages against Charles. Charles may raise the following ground of justification: 1. Necessity.