1.Which one of the following statements is INCORRECT regarding delictual liability?

a.
A delictual remedy is aimed at compensation, whereas a constitutional remedy is directed at
affirming, enforcing, protecting and vindicating fundamental rights.
b.
A “constitutional delict” is a term used to describe an instance where the infringement of a
fundamental right constitutes a delict.
c.
A clear theoretical distinction should be made between a constitutional wrong and a delict.
d.
Every delict is simultaneously a constitutional wrong. *

2, John wants to spy on Thandi, his competitor in business. For this purpose, he installs a surveillance
device in the roof of the premises where Thandi’s business is located. John needs to break a hole into
the roof to accomplish this. He foresees the possibility that rainwater may leak into the building and
may damage Thandi’s merchandise, but reconciles himself with the possibility and proceeds
nevertheless. After three days, he has managed to learn all Thandi’s trade secrets. In respect of the
unauthorized acquisition of the trade secrets, John has:
a.
_Dolus indirectus_.
b.
_Dolus eventualis_.
c.
_Dolus indeterminatus_.
d.
_Dolus directus*
3Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks his right arm.
Chris’ arm is set in plaster and he incurs medical costs. In addition, he cannot perform his work while
his arm is immobilised for healing, and he suffers a loss of income. Which of the following is correct
(select the best option)?
a.
There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity,
the incurred medical costs, and the loss of income.*
b.
There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity
only.
c.
There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity
and the incurred medical costs.
d.
There is no legal causal link between Mark’s conduct and any harm suffered by Chris.

4Which is the odd one out?

a.
Invasion of privacy.
b.
Loss of amenities of life.
c.
Emotional shock / psychological lesion.*
d.
Disfigurement.
5According to the doctrine of sudden emergency:

a.
When a court determines the negligence of the conduct of an alleged wrongdoer who found himself
in a situation of sudden emergency, it is permissible to deviate slightly from the reasonable person
standard.
b.
The wrongfulness of the conduct of an alleged wrongdoer who had to act in a situation of sudden
emergency will be judged more leniently by a court of law.
c.
Regulations have been published which absolve a driver from delictual liability for conduct that takes
place in a situation of sudden emergency on roads within the Republic of South Africa.*
d.
The notional reasonable person can make an error of judgment in a situation of sudden emergency.
6. Luke and his brother Paul bear a grudge against Patrick and agree to teach him a lesson he will not
forget. While Patrick walks around in a shopping mall, Luke and Paul damage Patrick’s motorbike
by hitting it with hammers. If Patrick successfully sues Luke and Paul in delict, they will incur:

a.
Joint and several liability.*
b.
Vicarious liability.
c.
Liability based on contributory intent.
d.
Strict liability.
7. Stavros, a restaurant owner, gives informal investment advice to Tim. Tim, relying on this advice,
makes a bad investment and he suffers pure economic loss. If Tim wishes to institute a delictual
action against Stavros, he would need to prove that Stavros had the following form/s of fault (select
the best option):

a.
Intention or negligence.
b.
Negligence.
c.
Intention.
d.
Because no wrongfulness is present, it will not serve any purpose to prove any form of fault.*
8. John wants to spy on Thandi, his competitor in business. For this purpose, he installs a surveillance
device in the roof of the premises where Thandi’s business is located. John needs to break a hole into
the roof to accomplish this. He foresees the possibility that rainwater may leak into the building and
may damage Thandi’s merchandise, but reconciles himself with the possibility and proceeds
nevertheless. After three days, he has managed to learn all Thandi’s trade secrets. In respect of the
damage to the roof, John has:

a.
_Dolus indeterminatus_.
b.
_Dolus eventualis_.
c.
_Dolus indirectus_.*
d.
_Dolus directus_.
9Nandiswa visits her neighbour, Jeffrey. Jeffrey’s dog, Milo, bites Nandiswa. Everybody is shocked
because Nandiswa has been a frequent visitor there and Milo has always been a very good-natured
dog. Which remedy or remedies may be available to Nandiswa?

a.
_Actio de pauperie_.*
b.
_Actio iniuriarum_.
c.
_Actio legis Aquiliae_.
d.
_Actio de pastu_.
10Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks his right arm.
Chris’ arm is set in plaster and he incurs medical costs. In addition, he cannot perform his work while
his arm is immobilised for healing, and he suffers a loss of income. Which of the following is correct
(select the best option)?

a.
There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily
integrity, the incurred medical costs, and the loss of income.*
b.
There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily integrity
only.
c.
There is a factual causal link between Mark’s conduct and the infringement of Chris’ bodily integrity
and the incurred medical costs.
d.
There is no factual causal link between Mark’s conduct and any harm suffered by Chris.
11Khazamula and Fikile are farming on adjacent properties. Khazamula bears a grudge against
Fikile. He sets up a device, which causes a loud bang every half an hour, on the common boundary
between the two farms, near Fikile’s homestead. As a result of this, Fikile and his family cannot
sleep at night and are irritated by day. Fikile asks Khazamula to dismantle the device, but Khazamula
says that the device serves the purpose of scaring baboons away from his orchards. Which delictual
remedy may be available to Fikile?
a.
The _actio de pauperie_.
b.
The _actio de effusis vel deiectis_.
c.
The _actio de feris_.
d.
The interdict.*
12Kwena tells Henah that Themba has embezzled money. If Themba wishes to institute a delictual
action against Kwena, he would need to prove that Kwena had the following form/s of fault (select
the best option):

a.
Intention.*
b.
Intention or negligence.
c.
It is not necessary to prove any form of fault because liability would be strict.
d.
Negligence.
13. Rhulani’s goat eats and tramples Owen’s maize crops. Rhulani forgot to close the gate between
his and Owen’s land. Which remedy or remedies may be available to Owen?

a.
The _actio de pauperie _and_ actio legis Aquiliae_.
b.
The _actio de pastu_ only.
c.
The _actio de pastu_ and _actio legis Aquiliae._*
d.
The _actio de pauperie _only.
14. Which one of the following cases dealt explicitly with the sequence in which the elements of
delictual liability should be considered?

a.
_Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus curiae)_
2003 1 SA 389 (SCA).
b.
_Kruger v Coetzee_ 1966 2 SA 428 (A).
c.
_First National Bank of South Africa Ltd v Duvenhage_ 2006 5 SA 319 (SCA).*
d.
_S v Goliath_ 1972 3 SA 1 (A).
15Daniel insulted Sifiso through a WhatsApp message. Sifiso, after reading the WhatsApp message,
got into his car and drove to Daniel’s place of work. Upon entering the premises of Daniel’s place of
work, Sifiso saw Daniel sitting in the cafeteria having lunch with his colleagues. Sifiso walked
towards Daniel, called him a fraud, a thief, and punched him in his face. As a result of the impact of
the punch, Daniel fell onto the glass dining table shattering it to pieces. He sustained bodily injuries
requiring hospitalisation. It transpired that even though Daniel insulted Sifiso, Daniel did not commit
fraud or steal anything. If Daniel wishes to institute a delictual claim against Sifiso, the question
whether there was fault on the part of Sifiso will be answered with reference to the following:

a.
Directing the will combined with consciousness of wrongfulness.
b.
Infringement of a subjective right.*
c.
The question whether the reasonable person would have foreseen and prevented the harm in the
circumstances.
d.
Breach of a legal duty.
16According to case law, if a motor vehicle is involved in an accident, the failure of a passenger in
that motor vehicle to fasten their seat belt:

a.
Can constitute contributory negligence for the purpose of an apportionment of damages only if such
failure contributed to the passenger’s injuries.
b.
Can constitute contributory negligence for the purpose of an apportionment of damages only if such
failure contributed to the accident.*
c.
Will always constitute contributory negligence for the purpose of an apportionment of damages.
d.
Can never constitute contributory negligence for the purpose of an apportionment of damages.
17John and Jack practiced law together as “Jack & John attorneys”. John leaves the firm to start his
own law practice. Jack continues to practice under the name “Jack & John attorneys”. If John wishes
to institute a delictual action against Jack, he would need to prove that Jack had the following form/s
of fault (select the best option):

a.
Intention or negligence.*
b.
It is not necessary to prove any form of fault because liability would be strict.
c.
Intention.
d.
Negligence.
18One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different
locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train,
overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train.
The operator of the train requests the persons boarding the train to fasten their safety belts. However,
Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the
ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril
being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril
is discharged, but on her way out of the hospital, she slips on some oily substance on the floor and
falls. Due to the fall, Avril sustains a broken leg. Select the best option in respect of Avril’s broken
arm:

a.
There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s broken arm.
b.
There is only a legal causal link between Sipho’s conduct and Avril’s broken arm.
c.
There is only a factual causal link between Sipho’s conduct and Avril’s broken arm.
d.
There is no causal link between Sipho’s conduct and Avril’s broken arm.*
19The quantum of a claim for hospital costs must preferably be determined in accordance with
(select the best option):

a.
The “once and for all” rule.
b.
Mitigation of damage.
c.
The concrete approach to damage.*
d.
The sum-formula approach.
20Which statement is correct? In _S v Mokgethi _1990 1 SA 32 (A):

a.
There was a legal causal link between the firing of the shot and the teller’s death.*
b.
The court employed the theory of adequate causation.
c.
The court considered all the existing theories of legal causation and declared once and for all which
one of them should be followed.
d.
There was a factual causal link between the firing of the shot and the teller’s death.
21Which statement is INCORRECT in respect of legal causation?

a.
A legal causal link exists if there is a sufficiently close link between an act and a consequence that
the consequence may be imputed to the wrongdoer.
b.
A legal causal link is determined with reference to policy considerations of reasonableness, fairness
and justice.
c.
When determining legal causation, standards such as adequate causation and direct consequences
may be used as subsidiary tests.*
d.
A legal causal link between an act and a consequence is determined by mentally eliminating the act
and inquiring whether the consequence will then also disappear.
Clear my choice