Tutorial Letter 201/1/2015

Question 1
Indicate the correct statement.

1. Irrational human behaviour cannot constitute conduct for the purposes of the law
of delict.
2. Human behaviour need not be willed to constitute conduct.
3. The behaviour of an animal can constitute conduct under certain circumstances.
4. The presence of a so-called actio libera in causa confirms the presence of
automatism.
(1)

The correct alternative is [2].

Question 2

Jacob is training to be a tattoo artist. He asks Karen whether he can practice his newly
acquired skills on her. Karen enquires whether she will be able to remove the tattoo by
washing, and Jacob replies in the affirmative. Thereupon Karen is willing to comply,
and Jacob makes a butterfly tattoo on Karen’s arm. When Karen discovers that the
tattoo is permanent, she wants to institute a delictual action against Jacob. Jacob may
rely on the following ground of justification:

1. Necessity.
2. Official authority.
3. Consent.
4. None of the above.
(1)

The correct answer is [4].

Question 3

Gawie and Manie are farming on adjacent properties. Gawie bears a grudge against
Manie. He sets up a device, which causes a loud bang every half an hour, on the
common boundary between the two farms, near Manie’s homestead. As a result of
this, Manie and his family cannot sleep at night and are irritated by day. Manie asks
Gawie to dismantle the device, but Gawie says that the device serves the purpose of
scaring baboons away from his orchards. Which delictual remedy may be available to
Manie?
1. The actio de pauperie.
2. The actio de feris.
3. The actio de effusis vel deiectis.
 4. The interdict.
(1)

The correct alternative is [4].

Question 4

Piet left his cell phone in his car. Gert wants to steal Piet’s cell phone. He realises that
he would have to damage Piet’s car in order to get the phone. In respect of the
damage to the car, Gert has:
1. Dolus indeterminatus.
2. Dolus eventualis.
3. Dolus indirectus.
4. Luxuria.
(1)

The correct alternative is [3].

Question 5

John’s prize bull breaks through a fence and ventures onto David’s farm. The bull is
aggressive and charges at David’s employees. The employees clamber into a small
tree to escape the wrath of the bull. The bull begins to bash the trunk of the tree. As
the tree appears to be about to topple, David shoots and kills the bull to save his
employees. John institutes an action for damages against David. David may raise the
following ground of justification:

1. Necessity.
2. Private defence.
3. Provocation.
4. Official capacity.
(1)

The correct alternative is [1].

Question 6
When so-called open-ended delictual norms are given content in light of the basic
values of chapter 2 of the Constitution, this 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. horizontal application of the Bill of Rights.
(1)
The correct answer is [2].

Question 7

Andrew inadvertently damages Ben’s violin. Which delictual action may be available to
Ben?
1. actio legis Aquiliae.
2. actio iniuriarum.
3. actio de pastu.
4. none of the above.
(1)

The correct alternative is [1].

Question 8
Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an
arm. Which remedy or remedies may be available to Chris?
1. action for pain and suffering only.
2. actio iniuriarum only.
3. action for pain and suffering and actio iniuriarum.
4. none of the above.
(1)

The correct alternative is [1].

Question 9
According to the following case the onus is on the plaintiff to prove that the defendant
acted voluntarily, rather than on the defendant to prove the presence of automatism:
1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A).
2. Molefe v Mahaeng 1999 1 SA 562 (SCA).
3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA).
4. S v Goliath 1972 3 SA 1 (A).
(1)

The correct alternative is [2].

Question 10
Prospective loss is best assessed in accordance with:
1. the sum-formula approach.
2. the “once and for all” rule.
3. the concrete approach to damage.
4. res inter alios acta.
(1)

The correct alternative is [1].

TOTAL MARKS: [10]