Law of Delict (PVL3703) Past exam answers from May/June 2016 - Oct/Nov 2018

Law of Delict (PVL3703) exam memos from May/June 2016 - Oct/Nov 2018. Note: Not guaranteed that all answers contained in this document are 100% correct. Oct/Nov 2018 1 Indicate the incorrect statement with regard to the law of delict and the constitution: 1. An infringement of a right may constitute a constitutional wrong and a delict 2. The requirements for a delict and a constitutional wrong differ materially 3. Direct application means that the state must generally respect fundamental rights and not infringe them 4. Both a constitutional remedy and a delictual remedy are aimed primarily at compensation 2 Themba inadvertently damages Zanele’s bongo drum. Which delictual action may be available to Zanele? 1. The actio iniuriarum 2. The actio legis Aquiliae 3. The action for pain and suffering 4. The actio de pastu 3 Which one of the following is incorrect? 1. An animal cannot act for purposes of the law of delict 2. A public school can act for the purpose of the law of delict 3. Behaviour must be willed to qualify as a voluntary act 4. Conduct may consist of a commission or an omission 4 Bongani’s cow eats and tramples Mandla’s maize crops. Bongani forgot to close the gate between his and Mandla’s land. Which remedy or remedies may be available to Mandla