PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020 MCQ’s-LATEST.

1. Which one of the following remedies is instituted for personality infringements? a) The action legis Aquiliae. b) The action iniuriarum. c) The action for pain and suffering. d) The interdict. 2. Which one of the following statements is incorrect with regard to the defence of automatism? a) A reflex movement may cause a person to behave involuntarily and he/she may rely on automatism. b) According to Van der Merwe and Olivier, automatism does not exclude conduct in delict. c) A person may not rely on automatism if he/she intentionally created the situation in which he/she behaves involuntary. d) The person relying on sane automatism in a delictual case, bears the onus of proving it. 3. Mpho plants a bomb in a busy restaurant. Before the bomb explodes and causes damage, it is discovered and rendered harmless. Which of the following statements is correct with regard to Mpho’s act? a) Mpho’s act is delictually wrongful. b) Mpho’s act is not delictually wrongful. c) Even though Mpho’s act is delictually wrongful, no delict was committed. d) Mpho has the intention to cause harm, therefore he committed a delict. 4. In which one of the following judgements did the court accept that wrongfulness consists in the infringement of a right, breach of a legal duty, and the reasonableness of holding a defendant liable? a) Minister van Polisie v Ewels 1975 b) Telematrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA 2006 c) Loureiro v Imvula Quality Protection d) LeRoux v Dey 5. In which of the following circumstances may X rely on a “private defence”? a) 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