The document outlines the examination details for the module 'Law of Delict' including instructions, assessment type, and total marks. It consists of multiple questions covering definitions, concepts, and case studies related to delict law, requiring students to demonstrate their understanding of legal principles. Additionally, it emphasizes the importance of independent work and adherence to specific examination protocols.
The document outlines the examination details for the module 'Law of Delict' including instructions, assessment type, and total marks. It consists of multiple questions covering definitions, concepts, and case studies related to delict law, requiring students to demonstrate their understanding of legal principles. Additionally, it emphasizes the importance of independent work and adherence to specific examination protocols.
The document outlines the examination details for the module 'Law of Delict' including instructions, assessment type, and total marks. It consists of multiple questions covering definitions, concepts, and case studies related to delict law, requiring students to demonstrate their understanding of legal principles. Additionally, it emphasizes the importance of independent work and adherence to specific examination protocols.
The document outlines the examination details for the module 'Law of Delict' including instructions, assessment type, and total marks. It consists of multiple questions covering definitions, concepts, and case studies related to delict law, requiring students to demonstrate their understanding of legal principles. Additionally, it emphasizes the importance of independent work and adherence to specific examination protocols.
TOTAL MARK ALLOCATION: 120 MARKS TOTAL HOURS: 2 HOURS (+10 minutes reading time) INSTRUCTIONS: 1. Please adhere to all instructions in the assessment booklet. 2. Independent work is required. 3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to reading time before the start of the assessment. You may make notes on your question paper, but not in your answer sheet. Calculators may not be used during reading time. 4. You may not leave the assessment venue during reading time, or during the first hour or during the last 15 minutes of the assessment. 5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit all the pages of this assessment’s question paper as well as your answer script. 6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase ‘END OF PAPER’ will appear after the final set question of this assessment. 7. Remember to work at a steady pace so that you are able to complete the assessment within the allocated time. Use the mark allocation as a guideline as to how much time to spend on each section. Additional instructions: 1. This is a CLOSED BOOK assessment. 2. Calculators are not allowed 3. For multiple-choice questions, give only one (1) response per question. The marker will ignore any question with more than one answer, unless otherwise stated. You should, therefore, be sure of your answer before committing it to paper. 4. Answer All Questions.
(a) Answer the following questions by choosing the most correct statement in each instance. In your answer booklet, write down only the number of the question and next to it, the number of the correct answer, e.g. 2.1 – 1; 2.2 – 2; etc. (b) There is ONLY ONE correct answer. (c) NO marks will be allocated when more than ONE answer is given. (d) KINDLY NOTE: Where a question contains an assumption the assumption is applicable to that question only unless the context indicates otherwise.
Q.2.1 The fundamental principle of law that damage rests where it falls is called: (1) (1) actio libera in causa; (2) Luxuria; (3) res perit domino; (4) culpa in faciendo.
Q.2.2 The South African law of delict: (1)
(1) is casuistic; (2) is codified; (3) is based on general principles; (4) serves to punish the wrongdoer.
Q.2.3 The delictual remedy used to prevent the wrongful causing of harm is: (1) (1) the actio Legis Aquiliae; (2) the actio iniuriarum; (3) the action for pain and suffering; (4) the interdict.
Q.2.4 D is a diabetic who is negligent about taking her medication, although she knows (1) that this can cause a blackout. One day she has a blackout while driving her car, and crashes into a horse, killing it. The owner of the horse brings a claim against D for damages. Which of the following statements is correct? (1) D is not liable, because it was not her intention to cause harm; (2) D had a blackout, which means she can rely on the defence of automatism; (3) D cannot rely on the defence of automatism, as she will be liable for the prior negligent conduct of failing to take her medication; (4) D is strictly liable.
Q.2.5 Which of the following statements is correct? (1)
(1) If B is attacked by X’s aggressive dog, and B kicks the dog, injuring the dog’s leg, B is acting in private defence; (2) If X tries to kill A, A acts in necessity if she hits X with a hockey stick; (3) If X sets his aggressive dog on B, and the dog starts to bite B, B acts in private defence if he kills the dog; (4) If X sets Z’s aggressive dog on B, and the dog starts to bite B, B acts with consent if he kills the dog.
Q.2.6 Patient, P persuades her Doctor, D to chop off her finger so that she can claim from (1) medical aid insurance. Afterwards P regrets her decision and sues D for damages. Which of the following statements is correct? (1) D can raise consent as a defence; (2) D can raise necessity as a defence; (3) D can raise obedience to orders as a defence; (4) D cannot raise consent as a defence as agreeing to chop off P’s finger is contra bonos mores.
Q.2.7 The plaintiff’s negligent conduct after the damage-causing event is relevant to: (1) (1) contributory negligence; (2) Wrongfulness; (3) factual causation; (4) legal causation.
Q.2.8 In which of the following cases was it held that a flexible approach should (1) sometimes be taken to factual causation? (1) Molefe v Mahaeng 1999 1 SA 562 (SCA); (2) Lee v Minister of Correctional Services 2013 2 SA 144 (CC); (3) Roxa v Mtshayi 1975 3 SA 761 (A); (4) International Shipping Co (Pty) Ltd v Bentley 1990 1 SA 680 (A).
Q.2.9 The Apportionment of Damages Act 34 of 1956: (1)
(1) applies the last opportunity rule to contributory negligence; (2) deals with the contributory negligence of the plaintiff; (3) deals with the contributory negligence of the defendant; (4) deals with the contributory intent of the plaintiff.
Q.2.10 The remedy recently resurrected in our law in terms of which it can be demanded (1) that a defendant in a defamation case retract the allegations and publish an apology is called: (1) the actio iniuriarum; (2) an interdict; (3) the amende honorable; (4) the actio de pauperie.
Q.2.11 The approach taken to assessing patrimonial damage, which compares the person’s (1) current position to the hypothetical position the person would have been in had the event not taken place, is called: (1) the independent approach; (2) the abstract approach; (3) the concrete approach; (4) the sum-formula approach.
Q.2.12 Which of the following statements is correct in relation to a claim based on a single (1) cause of action? (1) Prescription starts to run in delict when all the damage has occurred; (2) Damage already suffered and prospective loss must be claimed at the same time; (3) If a plaintiff has successfully sued for damage already suffered, s/he may sue in future for future loss; (4) Prescription in delict is generally six years.
Q.2.13 Which of the following benefits is NOT taken into account in reducing the amount (1) of damages awarded to a plaintiff? (1) Benefits received in terms of life insurance; (2) Medical aid benefits that an employer is contractually bound to pay; (3) Damages received from the Compensation Commissioner (now the Director General of the Department of Labour); (4) The benefit received to an injured person of free medical treatment at a state hospital.
Q.2.14 Which of the following benefits is taken into account in reducing the amount of (1) damages awarded to a plaintiff? (1) Donations; (2) Medical aid benefits that an employer has the discretion to pay; (3) An award received as solatium (satisfaction); (4) The marriage prospects of a widow who claims loss of support due to the death of a breadwinner.
Q.2.15 Which of the following is an example of non-patrimonial damage? (1)
(1) Loss of amenities to life; (2) Loss of profit; (3) Pure economic loss; (4) A hospital bill.
Ms G lives in a retirement village. Ms G is old and frail, but she loves to walk. One Sunday, on her way to church, Ms G crosses a busy street and mounts a pavement. Her feet catch a raised pavement block, she stumbles and falls, sustaining serious injuries and smashing her spectacles. An ambulance takes her to hospital. Three weeks later she returns to the retirement village. As a result of her injuries Ms G is confined to a wheelchair and can no longer walk to church or anywhere else.
The pavement slab had been lifted by a large tree in the street. The ABC Municipality had been notified a number of times in the preceding year that the pavement slabs had lifted, but the Municipality had not cut the roots to flatten the paving stones. According to the Constitution it is the function of local authorities (municipalities) to serve its community. Since Ms G’s fall the Municipality has levelled the area.
Ms G brings an action against the ABC Municipality for damages.
Answer the following questions.
KINDLY NOTE: Where a question contains an assumption the assumption is applicable to that question only unless the context indicates otherwise.
Q.3.1 Establish whether ABC municipality’s failure to repair the paving blocks constitute (4) an act/conduct. In this regard identify the relevant characteristics of conduct and briefly apply these to the facts.
Q.3.2 Suppose that there is an act/conduct. Explain the nature and working of the test (7) you would use to establish whether there is wrongfulness. Do not at this stage relate the law to the facts.
Q.3.3 Suppose that ABC Municipality’s conduct is an omission. Identify any four (12) stereotyped crystallised factors which may indicate that the conduct was wrongful. Support each factor with one case as authority. Relate each factor to the set of facts.
Q.3.4 Suppose that wrongfulness is established. With reference to case law, describe the (7) classic test used to establish whether ABC Municipality was negligent. Do not at this stage relate the law to the facts.
Q.3.5 Establish whether ABC Municipality was negligent, by applying the test that you (6) have identified in Q.3.4 above to the facts.
Q.3.6 Suppose that negligence is established. With reference to the facts, describe the (5) working of the test generally used by the courts to establish factual causation.
Q.3.7 Suppose factual causation is established. Assume now that when Ms G is lifted into (7) the ambulance the paramedics drop her, and she suffers more serious injuries as a result. Discuss whether the Municipality should be liable for the additional costs associated with the more serious injuries.
Q.3.8 Suppose that Ms G becomes severely depressed as a result of the accident. She lost (2) her enjoyment of life, as she is unable to go to church and enjoy the things she used to enjoy. What further action could Ms G bring for the impairment of mental integrity?
Q.3.9 Suppose that six years later Ms G discovers that she could have sued for the (5) impairment to her mental integrity as well. Explain whether Ms G may claim further damages seven years after claiming for her medical expenses.
