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.