Delict Law Basics Quiz

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What is required for conduct to be considered a delict?

Voluntary act or omission by the wrongdoer (correct)
Any action taken by an individual
A negative consequence resulting from inaction
A decision made by a group of people

Which statement best describes 'private defence' in delict?

It allows for retaliation to a perceived threat.
It can justify acts of aggression regardless of circumstances.
It requires proof of physical harm before action can be taken.
It allows for defense against an unlawful attack or imminent unlawful attack. (correct)

Under what conditions does necessity apply in delict?

A person is obligated to act without any personal threat.
When the act of causing damage to one party prevents greater harm. (correct)
In all situations where harm may occur to any individual.
Only when consent to injury is not present.

Which of the following is NOT an example of human conduct in the context of delict?

A natural disaster causing destruction (A) Signup and view all the answers

Which scenario best illustrates the concept of consent to injury?

A person agreeing to participate in a contact sport and getting injured. (B) Signup and view all the answers

Which condition determines if the wrongdoer's conduct caused the damage suffered by the plaintiff?

The conduct must be a factual cause of the harm. (B) Signup and view all the answers

What is the purpose of the 'but for' test in causation?

To establish a direct relationship between the act and the resulting harm. (A) Signup and view all the answers

In the example provided, who could be held legally culpable for Thabo's death?

Only Peter. (A) Signup and view all the answers

Which of the following statements about causation is incorrect?

Only contributory actions can lead to liability. (A) Signup and view all the answers

What distinguishes factual causation from legal causation?

Legal causation does not require a 'but for' analysis. (D) Signup and view all the answers

What is required for a person's actions to be considered lawful when acting under statutory authority?

The infringement must be explicitly outlined in the provision. (A) Signup and view all the answers

Which of the following statements is true regarding individuals in an official capacity?

Their actions may be legally justified even if harm occurs. (C) Signup and view all the answers

Under what conditions can a provoked person's response be deemed reasonable and justified?

If the response is reasonable and occurs immediately. (A) Signup and view all the answers

Which group of individuals is presumed incapable of being held legally accountable for their actions?

Minors under 7 years of age. (B) Signup and view all the answers

How is fault defined in relation to a wrongdoer?

By their legal blameworthiness and mental capacity. (C) Signup and view all the answers

What defines the concept of wrongfulness in legal terms?

Acting contrary to community's legal convictions (B) Signup and view all the answers

Which of the following is an example of wrongfulness?

Violating someone's copyright (C) Signup and view all the answers

Under which circumstance might conduct be justified despite causing harm?

When acting in self-defense (A) Signup and view all the answers

What is a key requirement for necessity to justify conduct causing harm?

The action must not be excessive (C) Signup and view all the answers

What distinguishes private defense from wrongful conduct?

The nature of the initial threat (C) Signup and view all the answers

What must be true for someone to validly consent to injury?

The consent must be informed and voluntary (A) Signup and view all the answers

Which of the following is NOT a ground of justification for wrongful conduct?

Engaging in harmful behavior for profit (C) Signup and view all the answers

Why might an act of necessity be considered lawful?

It prevents greater harm from occurring (B) Signup and view all the answers

What type of loss is exemplified by an electrician damaging a customer's pork worth R100,000?

Patrimonial loss (B) Signup and view all the answers

Which of the following is true about non-patrimonial loss?

It involves infringement of a person's rights to a good name. (D) Signup and view all the answers

What must a plaintiff demonstrate to succeed in a delict claim?

All five elements of a delict (D) Signup and view all the answers

What does the 'once and for all' rule prevent in delict claims?

Bringing forth multiple claims for the same delict (C) Signup and view all the answers

Which of the following correctly defines the difference between damage and damages?

Damage is the harm suffered, while damages are the compensation awarded. (A) Signup and view all the answers

What distinguishes strict liability from other types of liability?

It holds the defendant liable without proving fault. (A) Signup and view all the answers

Which remedy can a plaintiff seek for patrimonial loss under delict?

Aquilian action (B) Signup and view all the answers

What is a unique feature of the Aquilian action?

It is transferable to heirs or cessionaries. (C) Signup and view all the answers

Which of the following is a limitation related to the liabilities of suppliers of goods?

Public interest may exempt liability in some cases. (B) Signup and view all the answers

What is required for delictual actions, such as the Aquilian action, to succeed?

All five elements of a delictual action must be present. (B) Signup and view all the answers

Under strict liability, who can an employer be held liable for?

For acts of their employees while employed. (B) Signup and view all the answers

In which scenario would a plaintiff NOT be able to pursue the Aquilian action?

No patrimonial loss suffered. (B) Signup and view all the answers

What principle applies to the liability of suppliers regarding unsafe goods?

Suppliers are liable regardless of negligence. (A) Signup and view all the answers

What is the primary purpose of the actio iniuriarum?

To provide psychological satisfaction or compensation for personality infringement (D) Signup and view all the answers

Which of the following cannot be ceded or bequeathed to another party?

The actio iniuriarum (C), The claim for pain and suffering (D) Signup and view all the answers

Which condition is essential for obtaining an interdict?

The act must threaten the applicant's interests and be wrongful (B) Signup and view all the answers

In what situation does the prescription period for delictual claims change from three years to two years?

In the case of motor vehicle accidents with an unidentified driver (A) Signup and view all the answers

Which of the following best describes the function of the action for pain and suffering?

It addresses bodily injuries caused by wrongful acts (B) Signup and view all the answers

What is the main distinction between an interdict and the actio iniuriarum?

An interdict is for preventive measures while the actio iniuriarum seeks compensation for past losses (D) Signup and view all the answers

What does the assessment of compensation in an actio iniuriarum depend on?

What is fair and equitable based on the facts of the case (B) Signup and view all the answers

What is a unique feature of the action for pain and suffering compared to other claims?

It requires proof of intentional or negligent conduct by the defendant (B) Signup and view all the answers

Human Conduct (Delict)

A voluntary act or omission by a wrongdoer that harms another. May be a positive act (commission) or a failure to act (omission).

Private Defence

A defence against an unlawful attack or an imminent unlawful attack; may not constitute an immediate threat to life or safety.

Necessity (Delict)

A justification for an act that harms another when the only way to avoid damage to one party is to damage the other, due to natural forces or animal behavior.

Consent to Injury

Agreement to allow someone to cause harm, though additional details are needed for complete understanding (section omitted).