PVL3703 ASSIGNMENT 3

SEMESTER 1 2024
(576663) - DUE 23 APRIL
2024
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PVL3703 Assignment 3 Semester 1 2024 (576663) - DUE
23 April 2024

Question 1
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Which one of the following benefits is taken into account in reducing the amount of
damages awarded to a plaintiff? a.
Insurance money received.
b.
An award from the Compensation Commissioner.
c.
Donations or _ex gratia_ benefits.
d.
Benefits received in terms of life assurance.
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Question 2
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One 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:
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a.
There is no causal link between Sipho’s conduct and Avril’s broken arm. b.
There is only a factual causal link between Sipho’s conduct and Avril’s broken
arm.
c.
There is only a legal causal link between Sipho’s conduct and Avril’s broken arm. d.
There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s
broken arm.
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Question 3
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 lOMoAR cPSD| 24668432

One 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 leg: a.
There is only a factual causal link between Sipho’s conduct and Avril’s
broken leg. b.
There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s
broken leg.

c.
There is only a legal causal link between Sipho’s conduct and Avril’s broken leg.
d.
There is no causal link between Sipho’s conduct and Avril’s broken leg.

Question 4
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 lOMoAR cPSD| 24668432

Which is the odd one out?

a.
Disfigurement.
b.
Invasion of privacy.
c.
Loss of amenities of life.
d.
Emotional shock / psychological lesion.
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Question 5
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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 cause damage to Thandi’s
merchandise,

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 lOMoAR cPSD| 24668432

but reconciles himself with the possibility and proceeds nevertheless. After three days,
he has managed to learn all Thandi’s trade secrets and rainwater leaked into the
building causing damage to Thandi’s merchandise. In respect of the damage to
Thandi’s merchandise John has: a.
_Dolus eventualis_. b.
_Dolus directus_. c.
_Dolus indeterminatus_. d.
_Dolus indirectus_.
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Question 6
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One 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 and
falls as a result of some oily substance on the floor. Due to the fall, Avril sustains a
broken leg. Whether there was a factual causal link between Sipho’s conduct and
Avril’s broken leg, will be determined with reference to: a.
The flexible approach.
b.
 lOMoAR cPSD| 24668432

Direct consequences.
c.
The but for-test.
d.
Adequate causation.
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Question 7
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Policeman Phiri dislikes Bongi intensely. One day on patrol, Phiri finds Bongi walking
in the road and minding his own business. Phiri takes Bongi captive and locks him up
in a police cell for six hours. He then lets Bongi go with a warning not to tell anybody. If
Bongi wishes to institute a delictual action against Phiri, he would need to prove that
Phiri had the following form/s of fault (select the best option): a.
Intention or negligence.
b.
Negligence.
c.
Intention.
d.
It is not necessary to prove any form of fault because liability would be strict.
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Question 8
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 lOMoAR cPSD| 24668432

_Barnard v Santambank_ 1999 1 SA 202 (SCA) dealt with:

a.
Negligent misrepresentation.
b.
Unlawful competition.
c.
Pure economic loss.
d.
Psychological lesions.
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Question 9
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Tim is an employee in Tina’s florist business. Tina tells Tim to take the delivery van to
deliver flowers to a function venue. Along the way, Tim crashes into Mike’s roadside
kitchen, destroying it completely. If Mike wishes to institute a delictual action against
Tina, he would need to prove that Tina had the following form/s of fault (select the best
option): a.
It is not necessary to prove any form of fault on Tina’s part because her
liability would be strict. b.
Intention.
c.
Intention or negligence.
d.
Negligence.

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 lOMoAR cPSD| 24668432

Question 10
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Which one of the following statements is correct regarding accountability? a.
A person is accountable if he directs his will at an unlawful result and is also conscious
of the wrongfulness. b.
A person is accountable if his behaviour is susceptible to control of his will. c.
Accountability is one of the forms of fault. d.
Intoxication may influence accountability.
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Question 11
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According to case law, the negligence of a child wrongdoer in delict cases is
determined according to: a.
The fair and reasonable standard.
b.
The reasonable person standard.
c.

The standard of a reasonable child of the same age. d.

The reasonable child standard.

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 lOMoAR cPSD| 24668432

Question 12
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Jack, an employee of dairy farmer Dave, was delivering some cream to the local
store in town which he usually did every Friday. However, on one particular Friday,
Jack inadvertently knocked over Mrs Green’s vegetable table, situated on the side of
the pavement, with farmer Dave’s delivery truck. If Mrs Green successfully sues
farmer Dave in delict, he will incur: a.
Liability based on contributory negligence.
b.
Liability based on contributory intent.
c.
Vicarious liability.
d.
Joint and several liability.

Question 13
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Which one of the following statements is INCORRECT in respect of the
relationship between criminal law and the law of delict? a.
The fundamental difference between a delict and a crime relates to the distinction
between private and public law.
 lOMoAR cPSD| 24668432

b.
Both criminal law and the law of delict usually deal with unlawful culpable conduct.
c.
One and the same act may found delictual as well as criminal liability.
d.
The primary function of both delictual remedies and criminal sanctions is
inherently to punish a person who has committed a transgression against a legal
order.
Question 14
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Which is the odd one out?
a.
_Roxa v Mtshayi_ 1975 3 SA 761 (A).
b.
_Van Wyk v Lewis_ 1924 AD 438.
c.
_Eskom Holdings Ltd v Hendricks_ 2005 5 SA 503 (SCA).
d.
_Weber v Santam Versekeringsmaatskappy Bpk_ 1983 1 SA 381 (A).
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Question 15
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Indicate the correct statement in respect of delictual remedies.

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 lOMoAR cPSD| 24668432

a.
Intention is always a requirement for the _actio iniuriarum_. b.
South African law follows the casuistic approach in respect of delictual liability. c.
The _actio iniuriarum_ is in principle directed at “satisfaction” for the wrongful
and intentional injury to personality. d.
In practice, invasion of privacy is considered a form of _damnum iniuria datum_.
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Question 16
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Nel operates a mountain bike trail and rents out mountain bikes to customers. Jo hires
a bike for the morning and goes for a ride on one of the trails. On a steep descent, the
brakes of the bicycle fail. Jo falls and incurs rather serious head injuries. It transpires
that Nel has not maintained his rental bikes properly. However, Jo also forgot to wear a
helmet during the ride and his injuries would not have been so serious had he not
forgotten the wear the helmet. If Jo institutes a delictual claim against Nel (select the
best option): a.
Nel will be liable in damages for all Jo’s incurred hospital costs plus an
additional amount for the infringement of Jo’s personality right to his bodily
integrity. b.
An apportionment of damages will take place.
c.
Nel will be liable in damages for all Jo’s incurred hospital costs.
d.
Nel will escape liability by relying on tacit consent to the risk of injury on Jo’s part.
 lOMoAR cPSD| 24668432

Question 17
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Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an
arm and incurs medical costs. Which remedy or remedies may be available to Chris? a.
_Actio iniuriarum _only. b.
_Actio legis Aquiliae _only. c.
_Actio iniuriarum _and the action for pain and suffering. d.
_Actio legis Aquiliae _and the_ _action for pain and suffering.
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Question 18
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Bontle and Janice attend a friend’s party one evening. Janice is stressed out and drinks
double the amount of alcohol she usually drinks. Bontle is aware of this, but
nevertheless decides to catch a lift home with Janice. On the way home, Janice
crashes into a tree and they are both severely injured. Bontle institutes a delictual
action against Janice. Which one of the following defences is the most likely to succeed
in this scenario? a.
Contributory negligence.
b.
Consent to injury.

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 lOMoAR cPSD| 24668432

c.
Necessity. d.
_Volenti non fit iniuria_.
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Question 19
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Which is the odd one out?
a.
Liability for pure economic loss.
b.
Vicarious liability.
c.
The _actio de pastu_.
d.
The _actio de pauperie_.
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Question 20
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Harry’s cattle graze and trample Sally’s sorghum fields, destroying her crops. If Sally
wishes to institute a delictual action against Harry, she would need to prove that Harry
had the following form/s of fault (select the best option): a.
 lOMoAR cPSD| 24668432

Intention or negligence. b.
It is not necessary to prove any form of fault because liability would be strict. c.
Intention. d.
Negligence.

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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.
Vicarious liability.
b.
Strict liability.
c.
Liability based on contributory intent.
d.
Joint and several liability.
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Question 22
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 lOMoAR cPSD| 24668432

One 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. If Avril wishes to
institute a delictual claim against Wonderland Zoo for her broken arm and hospital
costs, she may in principle rely on the following delictual remedy or remedies: a.
The _actio iniuriarum_,_ actio legis Aquiliae _and the action for pain and suffering_._
b.
The_ actio legis Aquiliae _and the action for pain and suffering.
c.
The_ actio legis Aquiliae_ and the _actio iniuriarum_.
d.
The _actio iniuriarum _and the action for pain and suffering.

Question 23
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Sean is employed by Raymond as a driver in Raymond’s courier business. Sean has
the weekend off and decides to visit Mary on Saturday evening. On his way to Mary’s
apartment, Sean is involved in an accident due to his own negligence. Sean’s vehicle
and also the vehicle of Catherine, the other motorist who is involved in the accident,
are badly damaged. Catherine discovers that Sean’s financial position is not good.
Advise Catherine on the best course of action: a.
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Institute an action against Sean. b.

Institute an action against Raymond based on vicarious liability. c.
Institute an action against Raymond based on _culpa in eligendo_. d.
Institute an action against Raymond and Sean as joint wrongdoers.
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Question 24
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Which one of the following statements is incorrect regarding liability for pure economic
loss? a.
The wrongdoer’s conduct must be in the form of a misleading representation. b.
The wrongdoer’s conduct must comply with all the general delictual requirements. c.
Wrongfulness usually lies in the breach of a legal duty. d.
The inability of a plaintiff to protect himself against pure economic loss is an important
consideration in such cases.
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 lOMoAR cPSD| 24668432

Abueng plays tennis in his back yard. He foresees the possibility of his ball breaking a
window in his neighbour’s house, understands that it could happen but nevertheless
continues to play tennis. If the tennis ball indeed breaks the neighbour’s window,
Abueng had the following in respect of the damage: a.
_Dolus indeterminatus_.
b.
_Dolus eventualis_.
c.
_Luxuria_.
d.
_Dolus indirectus_.
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