Chapter 3

Examples of factual problem questions

for the application of legal rules
and
Short questions
 Example of long (application-type) question

You are the financial accountant

a large company called XYZ (Pty) Ltd.
Your duties include to complete and submit the companies’ tax returns, and to pay their taxes to SARS
on time.

Your personal life is a mess, and you forget to submit all the documentation
by the due date.

As the company has defaulted, SARS levies a large fine on them.

They must pay SARS R 2 million.
XYZ’s clients hear of this default and, thinking that
the company is in financial trouble, cancel contracts they have with the company.
This leads to more profit losses.
Can the company sue you for their loss?
Explain by briefly referring to the potential of successful claim. [10]
 Where this is a breach of contract,
the company can sue you based on the fact
that you did not perform your duties.
The damages are general and consequential (claimable?)

**Before the company sues, and before you get dismissed

you decide to resign.

What is the position of the company now?

Can it still claim the loss from you?
Explain.
 1. Breach of contract:

The breach occurred during the existence of the contract, thus the right
to claim damages has vested
before the termination of the contract and can still be enforced.

2. Delict:

You failed to act, acting negligently and causing damage:

Is the omission wrongful - actionable?
 The omission is recognised as wrongful i.t.o.
1. Rules of law (SARS)
2. Special relationship between the parties
3. Creating the impression that the interests of a third party will be
protected
= interplay of factors

Now: Which actions may be used?

1. Actio legis Aquiliae: for the financial damage

2. Actio iniuriarum: where the reputation of the company was harmed

3. Action for pain and suffering?

 “Fault is always a requirement for delictual liability”

Discuss this statement by:

(a) identifying the forms of fault that are recognised in our law

(b) critically discussing whether these must always be present and

whether there is any exception to this rule.
 Examples of short questions
1. Name the 3 causes for or origins of a patrimonial loss (3)

2. What are the requirements for consent to injury that must be met to be accepted
as a ground of justification that negates wrongfulness? (7)

3. After suffering a loss, a special duty rests upon the victim to _______ his losses.(1)

4. What is the general prescription period for bringing a contractual or delictual claim?
(1)

5. Describe what an interdict is. (7)

5. Can a prescription period be reduced by agreement? Would this not
infringe on your constitutional rights of access to the courts? (4)

6. Which section of the Constitution is the most important for the

evolution of the law of contract? (1)

7. What is the difference between a voidable contract and a contract

that is void? (3)

8. What distinguishes nominate contracts from the general class of

contract? (1)
9. For wrongfulness, there are two principal and basic situations where
someone’s conduct will be wrongful. What are they?(2)

10. Before we test whether a person is at fault (acting intentionally or

negligently), we must first ask whether he was ______________ .(1)

11. What are the 3 forms of intent in our law? (3)

12. What is the test for negligence? (1)