PVL3703 - exam questions.MCQs.

Introduction 1. Which one of the following statements in respect of the relationship between the law of delict and criminal law is correct ? (a) All crimes also qualify as delicts. Incorrect – some crimes, like blasphemy, high treason and parking offences, are not delicts. (b) All delicts also qualify as crimes. Incorrect – some delicts like adultery, breach of promise and negligent damage to property, are not crimes. (c) The primary function of both delictual remedies and criminal sanctions is inherently to punish a person who has committed a transgression against the legal order. Incorrect – the primary function of delictual remedies is to compensate the aggrieved party for the harm the wrongdoer caused. (d) Both the law of delict and criminal law usually deal with unlawful and culpable conduct. (e) No common-law crime can also qualify as a delict. Incorrect – some common-law crimes, like theft, fraud and assault, are also delicts. 2. Which one of the following statements is correct ? a A crime does not constitute a form of wrongful conduct. b A delict and breach of contract are fundamentally similar. c A claim for damages as a remedy plays a primary role in instances of breach of contract d Delictual remedies are not directed at fulfilment e Breach of contract is formally treated as part of the law of delict. 3. When so-called open-ended delictual norms are given content in light of the basic values of chapter 2 of the Constitution, this is known as : direct application of the Bill of Rights indirect application of the Bill of Rights vertical application of the Bill of Rights horizontal application of the Bill of Rights a constitutional delict 4. Which one of the following statements is incorrect ? PVL3703 - exam questions.MCQs. 2 a The South African law of delict is based on three 'pillars', which are three actions from Roman law. b The Aquilian action underwent important extensions in Roman-Dutch Law. c In South African law the Aquilian action had developed into a general remedy for the wrongful and culpable causing of patrimonial damage. d Compensation for so-called 'pure economic loss' may in principle be claimed with the action legis Aquiliae. e The development of the action legis Aquiliae to its logical conclusion is hampered by case law in respect of negligent interference with contractual relations. 5. Which one of the following statements is correct ? a The South African law of delict is based on three 'pillars', which are three actions from Roman law. b The Aquilian action underwent no extensions in Roman-Dutch Law. c In South African law the Aquilian action had developed into a general remedy for the wrongful and culpable causing of patrimonial damage. d Compensation for patrimonial loss resulting from bodily injuries may in principle be claimed with the action for pain and suffering e The development of the action legis Aquiiiae to its logical is nowadays an accomplished fact. 6. Which one of the following statements is incorrect ? a The entrenchment of fundamental rights in the Bill of Rights enhances their protection in the law of delict. b A clear distinction should be made between a constitutional wrong and a delict. c For conceptual clarity, the term 'constitutional delict’ should rather be avoided. d By indirect application of the Bill of -Rights to the law of delict is meant that the' rules, principles and norms of the law of delict are given content in light of the basic values of Chapter 2. e So-called open-ended or flexible delictual principles are more or less immune to the 'indirect application of the Bill of Rights. 7. Which one of the following statements is correct ? a The entrenchment of fundamental rights in the Bill effect on their protection in the law of delict. b There is no distinction between a constitutional wrong and a delict c Damages are not regarded as appropriate relief for the infringement of a fundamental right. d By indirect application of the Bill of Rights to the law of delict is meant that the rules, principles and norms of the law of delict are given content in light of the basic values of Chapter 2 e So-called open-ended or flexible delictual principles are more or less immune 3 to the indirect application of the Bill of Rights 8. Which one of the following statements is correct ? a The basic premise in law is that damage rests where it falls b In South Africa the question of delictual liability is governed by a casuistic approach. c The fact that a person has caused another to suffer damage is sufficient to constitute a delict for which he or she may be held liable. d In principle a distinction is made between delicts that cause personal injuries and those that cause injury to personality. e The action legis Aquiliae, actio iniuriarum and the action for pain and suffering cover the whole area of delictual liability. 9. Which one of the following statements is incorrect ? (a) The basic premise in law is that damage rests where it falls (b) In South Africa the question of delictual liability is governed by a generalising approach. (c) The fact that a person has caused another to suffer damage is sufficient to constitute a delict for which he or she may be held liable. (d) In principle a distinction is made between delicts that cause patrimonial loss and those that cause injury to personality. (e) Apart from a few exceptions, the actio legis Aquiliae, actio iniuriarum and the action for pain and suffering comprehensively cover the whole area of delictual liability. 10. Which one of the following statements is correct ? a Delictual remedies do not differ substantially from criminal sanctions. b Delictual remedies are compensatory in character. c Criminal law is directed at maintaining private interests. d One and the same act may not found delictual as well as criminal liability. e Not all delicts are crimes, but all crimes may under suitable circumstances also give rise to delictual liability. 11. Which one of the following statements is incorrect ? (a) Delictual remedies differ substantially from criminal sanctions. (b) Delictual remedies are compensatory in character. (c) Criminal sanctions are penal in character. (d) One and the same act may found delictual as well as criminal liability. (e) Not all delicts are crimes, but all crimes may under suitable circumstances also give rise to delictual liability.