PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020

PVL3703 - LAW OF DELICT EXAM PREP OCT/NOV 2020 MCQ’s OCT/NOV 2019 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. 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 reas