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PVL3703 Law Of Delict
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PVL3703 Law Of Delict
0 Download3 Pages / 522 Words
Course Code: PVL3703
University: University Of South Africa
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Country: South Africa
Questions:
1. Identify and understand the role of the general principles of the law of delict and specific forms of delict in current South African law and everyday life
2. Demonstrate an understanding of the history and theoretical framework of, and the most pressing and prevalent issues regarding the general principles of the law of delict and specific forms of delict.
3. Apply the principles of the law of delict in practical situations and solve multi-dimensional legal problems associated with the law of delict.
Answer:
Roy provoked his dog to attack Jack, in response to which, Jack got panicked and shot the dog. If Roy set up delictual claim against Jack, Jack may rely on the defence of private defence. He took the action in urgency when the dog attacked him and in panic, he shot the dog.
Titus placed a home-made bomb in a field where cattle are grazing and the bomb exploded and damaged crops and injured the cattle. It is evident that Titus intentionally planted the bomb to cause harm to the cattle as well as to damage crops. Thus, Titus has conducted Dolus determinatus in respect of the damage, because he was sure that the explosion of bomb would damage crops as well as could injure animals to a serious level.
In reducing the amount of damages awarded to a plaintiff, donations or ex gratia benefits are taken into consideration because amount of damages to be given to the plaintiff must include life insurance or compensation for the damages, but, donations are additional benefits that cannot be considered under compensation.
The first option (there must be no other remedy available to the applicant) is not a requirement for an interdict. All other three are essential requirements for an interdict.
With regard to delictual remedies; first statement is correct i.e. the actio iniuriarum is directed at “satisfaction” for the wrongful and intentional injury to personality. It is because the sufferer should be provided with satisfactory damages under delictual remedies.
The incorrect statement with regard to the law of delict and the constitution is that both a constitutional remedy and a delictual remedy are aimed primarily at compensation. The other three statements are correct in context with the law of delict and the constitution (University of Queensland, 2016).
Rocky insults Tammy who in retaliation slapped Rocky. If Rocky institutes delictual action for the infringement of his personality rights, Tammy may rely on the ground of provocation to justify the action. Rocky provoked Tammy that much that in retaliation, Tammy slapped.
At the time when Brendon purchased ticket to a boat ride, it clearly mentioned that the management of the amusement park will not be held liable for any negligence on their part. Now, if Brendon decides to institute an action for damages against the management of the amusement park, the management may rely on consent of Brendon to the risk of injury in order to exclude or limit liability because, he purchased the ticket and did not ask anything that time, which establishes his consent to the risk of injury.
Kabelo forsees the possibility of his breaking a window in his neighbour’s house but decides that it will not happen, Kabelo had Dolus eventual is in respect of the damage because he knew it that if he will play there, the ball would eventually break the window.
Willy’s bull tramples and eats maize planted by Charlotte in her fields, Charlotte may be provided with remedy under Actio de pastu, as the farm animal of Willy caused harm to the plants of Charlotte (Kucuk, 2008).
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My Assignment Help. (2021). Law Of Delict. Retrieved from https://myassignmenthelp.com/free-samples/pvl3703-law-of-delict/delictual-action.html.
“Law Of Delict.” My Assignment Help, 2021, https://myassignmenthelp.com/free-samples/pvl3703-law-of-delict/delictual-action.html.
My Assignment Help (2021) Law Of Delict [Online]. Available from: https://myassignmenthelp.com/free-samples/pvl3703-law-of-delict/delictual-action.html[Accessed 18 December 2021].
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