PVL3703 EXAM PACK.Latest.

1. Write brief notes on the difference between a delict and a crime. (4) 2. Name FOUR differences between a delict and a crime. (4) DELICT CRIME 1. Protects private interests (private law) 2. Aggrieved party institutes action 3. Objective = claim damages as compensation 4. No attempted delict 1. Protects public interests (public law) 2. State prosecutes 3. Objective = punish criminal 4. Can have attempted crime 3. Write brief notes on the similarities and differences between breach of contract and delict. (4) DELICT BREACH OF CONTRACT 1. Excludes non-fulfilment of a duty to perform (real right) 2. Primary remedy = damages 1. Breach = Non-fulfilment of a contractual obligation to perform (personal right) 2. Primary remedy = performance of the contract. EXAM QUESTIONS 1 PVL3703 EXAM PACK.Latest. 4. Name the THREE most important delictual actions and explain how they differ from each other in respect of : (a) the type of harm for which action is instituted and (b) the form of fault usually required for the institution of each action. (9) DELICTUAL ACTION TYPE OF HARM FORM OF FAULT REQUIRED Actio legis Aquiliae Damages for wrongful causing of patrimonial loss(damnum iniuria datum) Intention or negligence Actio iniuriarum Satisfaction for wrongful injury to personality Intention Action for pain and suffering Compensation for wrongful impairment of a bodily or physical-mental integrity Intention or negligence 5. Write brief notes on the direct application of the Bill of Rights on the law of delict. (6) 6. List TEN fundamental rights entrenched in chapter 2 of the Constitution which are relevant to the law of delict. (5) 1. Religion 2. Speech 3. Life 4. Privacy 5. Property 6. Security 2 7. Education 8. Adequate housing 9. Good name 10. Dignity 7. Write brief notes on the indirect application of the Bill of Rights to the law of delict. (5) Is all private law rules, principles and those regulating law of delict – subject to Chapter 2 of the Constitution (namely fundamental rights e.g. right to religion, life, dignity, etc.) Indirect application is about delictual issues e.g. infringement of one of fundamental rights. 1 st use indirect application before use direct application. CONDUCT 1. Define conduct. (2) Conduct is a voluntary human act or omission :  Human – where an animal is used as an instrument a human act is still present. A juristic person can act through its agents (e.g. company)and be held delictually liable for its actions.  Voluntary conduct – act must have been performed voluntarily i.e. wrongdoer must have had control over his muscular movements. 2. Write notes on conduct or act as an element of delict. Include a brief discussion on the most important defence excluding this element. (10) Conduct is a voluntary human act or omission. With a human act, a person may use an animal as an instrument. Juristic persons act through their organs and may be held delictually liable. Conduct must be voluntary, this means that the conduct is susceptible to the control by the will of the person involved, and that the person has the mental ability to control his muscles and movements. This does not mean that he willed or desired his conduct or that the conduct is rational or explicable.