18 2018
MODULE NAME: MODULE CODE:
LAW OF DELICT LADE6212
ASSESSMENT TYPE: TEST (PAPER ONLY)
TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Ten 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.
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. Dictionaries are not allowed.
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18 2018
Question 1 (Marks: 20)
Q.1.1 Define a delict. (3)
Q.1.2 List three differences between a delict and a crime. (3)
Q.1.3 Identify any three fundamental rights that are entrenched in the Bill of Rights (3)
that pertain to the law of delict.
Q.1.4 Name the action which is directed for the wrongful and intentional injury to (1)
personality.
Q.1.5 Answer the following sub-questions relating to the action libera in causa.
Q.1.5.1 Describe what is meant by the term actio libera in causa. (2)
Q.1.5.2 Describe the effect that the actio libera in causa will have on (2)
liability.
Q.1.6 Distinguish between an omission and culpa in faciendo (deficient positive (6)
conduct). Illustrate each with an example.
Question 2 (Marks: 5)
Musi is taking his dog for a walk. The dog tries to bite a passer-by, Zo. Zo kicks the dog so that it
lets go of Zo’s leg, injuring the dog.
Explain the ground of justification that Zo can raise against an action for damages brought by Musi
for the injuries to his dog under these circumstances.
© The Independent Institute of Education (Pty) Ltd 2018
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18 2018
Question 3 (Marks: 10)
Zando suffers from epilepsy. Zando does not like to take the medication that prevents him from
having an epileptic fit. He has an epileptic fit while driving a car and crashes into a stationary
vehicle, damaging it. The owner of the car brings an action against Zando for the damages caused.
Q.3.1 Briefly identify the three essential characteristics of the act or conduct. (3)
Q.3.2 With reference to the concept of voluntariness, discuss whether Zando will (7)
succeed with the defence of automatism.
Question 4 (Marks: 25)
Rambo goes to his car after a night out and finds a boy inside who has broken into the car and
who is trying to steal the CD player. Rambo pulls out his gun and shoots the boy, injuring him.
Q.4.1 Briefly explain why, in establishing wrongfulness, it is sometimes appropriate to (3)
ask whether a legal duty has been breached?
Q.4.2 Explain the operation of the test for wrongfulness. Do not at this stage apply (7)
the law to the facts.
Q.4.3 Suppose that Rambo’s conduct is prima facie wrongful. Rambo argues that he (6)
acted in private defence. Discuss in relation to the requirements for the attack
whether Rambo will be able to raise private defence against an action for
damages for the injury to the boy. Relate each requirement to the facts.
Q.4.4 Evaluate in relation to the requirements for the defence whether Rambo will be (9)
able to raise private defence against an action for damages for the injury to the
boy. Relate each requirement to the facts.
END OF PAPER
© The Independent Institute of Education (Pty) Ltd 2018
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