CML1501
Assignment 2
Semester 2
Unique No: 628838
DUE 19 September 2024
, Question 1
(a) Element of Fault in Delict:
In delict (a branch of law concerned with civil wrongs), the element of fault is crucial
and can manifest as either intention or negligence.
• Intention: This occurs when a person deliberately engages in conduct that
they know will likely cause harm. For example, in Minister of Police v. Ewels
[1975] 3 All SA 657 (A), the defendant intentionally used excessive force that
resulted in harm.
• Negligence: This is when a person fails to act with reasonable care, and this
failure results in harm. The standard is based on what a reasonable person
would have done in similar circumstances. For example, in Kruger v. Coetzee
1966 (2) SA 428 (A), the defendan t's failure to keep a proper lookout when
driving constituted negligence.
(b) Meaning of "Damage" in Delict:
"Damage" in delict refers to the harm or loss suffered by the claimant due to the
wrongful conduct of another. It encompasses both physical harm and economic loss.
Examples from Case Law:
In Fletcher v. G. J. Coles & Co. Ltd. [1995] 1 WLR 1335, the plaintiff suffered
physical damage due to defective machinery.
In Peel v. G. M. & H. Ltd. [2002] EWCA Civ 161, the court considered economic loss
due to negligent misstatement leading to financial damage.
Damage must be proven to claim delictual liability, and it can be physical, economic,
or even psychological.
(c) Meaning of "Damages" in Delict:
"Damages" refer to the monetary compensation awarded to a claimant to cover the
loss or harm suffered due to the defendant’s wrongful conduct. This compen sation
aims to restore the claimant to the position they would have been in had the delict
not occurred.
Assignment 2
Semester 2
Unique No: 628838
DUE 19 September 2024
, Question 1
(a) Element of Fault in Delict:
In delict (a branch of law concerned with civil wrongs), the element of fault is crucial
and can manifest as either intention or negligence.
• Intention: This occurs when a person deliberately engages in conduct that
they know will likely cause harm. For example, in Minister of Police v. Ewels
[1975] 3 All SA 657 (A), the defendant intentionally used excessive force that
resulted in harm.
• Negligence: This is when a person fails to act with reasonable care, and this
failure results in harm. The standard is based on what a reasonable person
would have done in similar circumstances. For example, in Kruger v. Coetzee
1966 (2) SA 428 (A), the defendan t's failure to keep a proper lookout when
driving constituted negligence.
(b) Meaning of "Damage" in Delict:
"Damage" in delict refers to the harm or loss suffered by the claimant due to the
wrongful conduct of another. It encompasses both physical harm and economic loss.
Examples from Case Law:
In Fletcher v. G. J. Coles & Co. Ltd. [1995] 1 WLR 1335, the plaintiff suffered
physical damage due to defective machinery.
In Peel v. G. M. & H. Ltd. [2002] EWCA Civ 161, the court considered economic loss
due to negligent misstatement leading to financial damage.
Damage must be proven to claim delictual liability, and it can be physical, economic,
or even psychological.
(c) Meaning of "Damages" in Delict:
"Damages" refer to the monetary compensation awarded to a claimant to cover the
loss or harm suffered due to the defendant’s wrongful conduct. This compen sation
aims to restore the claimant to the position they would have been in had the delict
not occurred.
