PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
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.
,PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
b) The owner of a farm Z, while placing his hand on his rifle, tells X that he is
trespassing on his land and that if he does not leave within the next hour, will
forcefully remove him. X immediately reacts by striking Z with a knife.
c) X is attacked and bitten while playing with the neighbour’s dog. X reacts by
striking the dog with a stick and injuring it.
d) A policeman with a valid warrant of a arrest for X, arrests X. X resists the arrest
and strikes the policeman injuring him.
6. Which of the following statements is correct with regard to the requirements of
consent?
a) There must be an agreement between the person consenting (the injured
person) and the actor.
b) The person giving the consent must have full legal capacity to act
c) Mere knowledge of the risk of harm is sufficient for the requirement of
“appreciation” of the risk of harm.
d) The person consenting must be able to express his will.
7. Humbulani and Patricia are neighbours. Humbulani often quarrels with Patricia
and does not like her, Humbulani builds a large shed for his chickens on his
property in order to spoil Patricia’s beautiful view. It appears that Humbulani did
indeed need a shed, but that he could have easily built it elsewhere on his
property. Which one of the following statements is correct with regard to
Humbulani’s act?
a) Humbulani’s imporper motive renders his act wrongful.
b) Humbulani furthered a reasonable interest of his own and thus did not act
wrongfully.
c) Humbulani exceeded his capacity as an owner and abused his right.
d) Option 1 and 3 above.
8. A terrorist places a time-bomb in a bust restaurant. The bomb explodes and
injures Xholisi. In respect of Xholisi’s injuries, the terrorist had:
a) Dolus indirectus
b) Dolus directus
c) Dolus indeterminatus
d) Dolus eventualis
9. In which of the following cases did the court decide that the test for negligence for
a child is no longer the reasonable child standard?
,PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
a) Bester v Commercial Union Versekeringsmaatskappy van SA Bpk
b) Barnard v Santambank
c) Jones NO v Santam Bpk
d) Van Wyk v Lewis
, PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
10. Thepo’s bull eats and tramples Grace’s maize crops. Theops forgot to close
the gate between his and Grace’s land. Which remedy or remedies may be
available to grace?
a) The actio de pauperie and actio legis Aquiliae
b) The actio de pauperie and interdict
c) The actio de pastu only
d) The action de pastu and actio legis Aquiliae
11. Maureen inadvertently damages Lora’s drum. Which delictual action may be
available to Lora?
a) The actio legis Aquiliae
b) The actio iniuriarum
c) The actio de pastu
d) None of the above.
12. Musa nehlihently left his stationary donkey on the road. Shaun came
along driving his new Polo VW and collided with the donkey. Mus now wishes to
sue Shaun. Which defence may Shaun raise?
a) Private defence
b) Contributory intention
c) Contributory negligence
d) Consent
13. In Greater Johannesburg Transitional Metropolitan Council v ABSA Bank, the
court held that:
a) A defence of contributory intention could succeed where both the plaintiff and
the defendant acted with intention
b) A person is guilty of negligence if his conduct falls short of that of the
standard of diligens paterfamilias.
c) For the purposes of the law of delict, intent and negligence may be present
simultaneously
d) There is no single criterion for which causation is applicable in all instances
14. What is the criterion for determining factual causation?
a) Actio libera in causa
b) Novus actus interveniens
c) Conditio sine qua non
d) The flexible approach
DELICT GUARANTEED SUCCESS
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.
,PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
b) The owner of a farm Z, while placing his hand on his rifle, tells X that he is
trespassing on his land and that if he does not leave within the next hour, will
forcefully remove him. X immediately reacts by striking Z with a knife.
c) X is attacked and bitten while playing with the neighbour’s dog. X reacts by
striking the dog with a stick and injuring it.
d) A policeman with a valid warrant of a arrest for X, arrests X. X resists the arrest
and strikes the policeman injuring him.
6. Which of the following statements is correct with regard to the requirements of
consent?
a) There must be an agreement between the person consenting (the injured
person) and the actor.
b) The person giving the consent must have full legal capacity to act
c) Mere knowledge of the risk of harm is sufficient for the requirement of
“appreciation” of the risk of harm.
d) The person consenting must be able to express his will.
7. Humbulani and Patricia are neighbours. Humbulani often quarrels with Patricia
and does not like her, Humbulani builds a large shed for his chickens on his
property in order to spoil Patricia’s beautiful view. It appears that Humbulani did
indeed need a shed, but that he could have easily built it elsewhere on his
property. Which one of the following statements is correct with regard to
Humbulani’s act?
a) Humbulani’s imporper motive renders his act wrongful.
b) Humbulani furthered a reasonable interest of his own and thus did not act
wrongfully.
c) Humbulani exceeded his capacity as an owner and abused his right.
d) Option 1 and 3 above.
8. A terrorist places a time-bomb in a bust restaurant. The bomb explodes and
injures Xholisi. In respect of Xholisi’s injuries, the terrorist had:
a) Dolus indirectus
b) Dolus directus
c) Dolus indeterminatus
d) Dolus eventualis
9. In which of the following cases did the court decide that the test for negligence for
a child is no longer the reasonable child standard?
,PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
a) Bester v Commercial Union Versekeringsmaatskappy van SA Bpk
b) Barnard v Santambank
c) Jones NO v Santam Bpk
d) Van Wyk v Lewis
, PVL 3703 EXAM QUESTIONS WITH ANSWERS-LAW OF
DELICT GUARANTEED SUCCESS
10. Thepo’s bull eats and tramples Grace’s maize crops. Theops forgot to close
the gate between his and Grace’s land. Which remedy or remedies may be
available to grace?
a) The actio de pauperie and actio legis Aquiliae
b) The actio de pauperie and interdict
c) The actio de pastu only
d) The action de pastu and actio legis Aquiliae
11. Maureen inadvertently damages Lora’s drum. Which delictual action may be
available to Lora?
a) The actio legis Aquiliae
b) The actio iniuriarum
c) The actio de pastu
d) None of the above.
12. Musa nehlihently left his stationary donkey on the road. Shaun came
along driving his new Polo VW and collided with the donkey. Mus now wishes to
sue Shaun. Which defence may Shaun raise?
a) Private defence
b) Contributory intention
c) Contributory negligence
d) Consent
13. In Greater Johannesburg Transitional Metropolitan Council v ABSA Bank, the
court held that:
a) A defence of contributory intention could succeed where both the plaintiff and
the defendant acted with intention
b) A person is guilty of negligence if his conduct falls short of that of the
standard of diligens paterfamilias.
c) For the purposes of the law of delict, intent and negligence may be present
simultaneously
d) There is no single criterion for which causation is applicable in all instances
14. What is the criterion for determining factual causation?
a) Actio libera in causa
b) Novus actus interveniens
c) Conditio sine qua non
d) The flexible approach
