Tutorial Letter 201/1/2012

Question 1
The delictual remedy used to claim damages for patrimonial loss caused wrongfully and
negligently is the:

1. actio legis Aquiliae

2. actio iniuriarum
3. action for pain and suffering
4. interdict
(1)

Patrimonial loss caused wrongfully and culpably is actionable with the Aquilian action.

The correct alternative is [1]. [see chap 1 par 4.2]

Question 2
The delictual remedy used to obtain a solatium for intentional infringement of personality
rights is the:

1. actio legis Aquiliae

2. actio iniuriarum
3. action for pain and suffering
4. interdict
(1
)

The delictual remedy used to claim a solatium for intentional infringement of personality rights
is the actio iniuriarum.

The correct answer is therefore alternative [2]. [see chap 1 par 4.3]

Question 3
The delictual remedy used to prevent wrongful causing of harm is the:

1. actio legis Aquiliae

2. actio iniuriarum
3. action for pain and suffering
4. interdict
(1
)

The delictual remedy used to prevent wrongful causing of harm is the interdict.
Therefore the correct alternative is [4]. [see study guide p 11 and chap 7 par 2]

Question 4
The delictual remedy used to claim compensation for negligent infringement of the
corpus is the:

1. actio legis Aquiliae

2. actio iniuriarum
3. action for pain and suffering
4. interdict
(1
)

The delictual remedy used to claim compensation for negligent infringement of the corpus is
the action for pain and suffering

The correct alternative is [3]. [see chap 1 par 4.4]

Question 5
A delictual remedy with which damages can be prevented without proving fault is the:

1. actio legis Aquiliae

2. actio iniuriarum
3. action for pain and suffering
4. interdict
(1
)

An interdict is directed at the prevention of a wrongful act, and not at the retribution for
wrongfulness already committed, fault is therefore not a requirement.

The correct alternative is [4]. [see chap 7 par 2]

Question 6
When the so-called open-ended delictual norms are given content in the light of the
basic values of chapter 2 of the Constitution, this process is known as:

1. direct application of the Bill of Rights

2. indirect application of the Bill of Rights
3. vertical application of the Bill of Rights
4. a constitutional delict
(1
)

The process of subjecting open-ended or flexible delictual principles to the Bill of Rights, and
giving such principles content in the light of basic values of the Bill of Rights, is known as
indirect application of the Bill of Rights.
The correct answer is therefore alternative [2]. [see chap 1 par 5(b)]

Question 7
The principle dictating at what stage prospective loss must be claimed is known as:

1. the sum-formula approach

2. the “once and for all” rule
3. compensating advantages
4. mitigation
(1
)

In a claim for compensation, the plaintiff must claim damages for all damage already
sustained as well as that expected in the future. This principle is known as the “once and for
all” rule, and it effectively dictates the stage at which prospective loss must be claimed.
The correct alternative is [2]. [see chap 6 par 4.7.1 and 4.6]

Question 8
Prospective loss is best assessed in accordance with:

1. the sum-formula approach

2. the “once and for all” rule
3. compensating advantages
4. mitigation
(1
)

The sum formula approach refers to a hypothetical (potential) patrimonial position of the
plaintiff in order to provide for the assessment of prospective damage.

The correct alternative is [1]. [see chap 6 par 4.5.1]

Question 9
Defamation is in the first place an infringement of a person’s:

1. bodily integrity
2. good name
3. privacy
4. feelings
(1
)

Defamation is the wrongful, intentional infringement of another person’s right to his/her

good name.

The correct alternative is [2]. [see chap 10 par

3.2.1] Question 10

If a person can differentiate between right and wrong and act in accordance with this
insight, he or she:
1. is in a state of automatism
2. can rely on a ground of justification
3. has intent
4. is accountable
(1
)

A person is accountable if he/she has the necessary mental ability to distinguish between right
and wrong and if he/she can also act in accordance with such appreciation.
The correct alternative is [4]. [see chap 4 par 2]