PVL3703 - LAW OF DELICT
EXAM PREP OCT/NOV
2022
MCQ’s
OCT/NOV 2022
1. Which one of the following remedies is instituted for personality infringements?
a) The action legis Aquiliae.
b) The action iniuriarum.
c) The action for pain and suffering.
d) The interdict.
2. Which one of the follo...
1. Which one of the following remedies is instituted for personality infringements?
a) The action legis Aquiliae.
b) The action iniuriarum.
c) The action for pain and suffering.
d) The interdict.
2. Which one of the following statements is incorrect with regard to the defence of automatism?
a) A reflex movement may cause a person to behave involuntarily and he/she may rely on
automatism.
b) According to Van der Merwe and Olivier, automatism does not exclude conduct in delict.
c) A person may not rely on automatism if he/she intentionally created the situation in which
he/she behaves involuntary.
d) The person relying on sane automatism in a delictual case, bears the onus of proving it.
3. Mpho plants a bomb in a busy restaurant. Before the bomb explodes and causes damage, it is
discovered and rendered harmless. Which of the following statements is correct with regard to
Mpho’s act?
a) Mpho’s act is delictually wrongful.
b) Mpho’s act is not delictually wrongful.
c) Even though Mpho’s act is delictually wrongful, no delict was committed.
d) Mpho has the intention to cause harm, therefore he committed a delict.
4. In which one of the following judgements did the court accept that wrongfulness consists in the
infringement of a right, breach of a legal duty, and the reasonableness of holding a defendant
liable?
a) Minister van Polisie v Ewels 1975
b) Telematrix (Pty) Ltd t/a Matrix Vehicle Tracking v Advertising Standards Authority SA 2006
c) Loureiro v Imvula Quality Protection
d) LeRoux v Dey
5. In which of the following circumstances may X rely on a “private defence”?
a) X, a prisoner whose prison term has expired is not released. In order to escape prison, X
assaults the guard who refuses to release him.
, b) The owner of a farm Z, while placing his hand on his rifle, tells X that he is trespassing on
his land and that if he does not leave within the next hour, will forcefully remove him. X
immediately reacts by striking Z with a knife.
c) X is attacked and bitten while playing with the neighbour’s dog. X reacts by striking the dog
with a stick and injuring it.
d) A policeman with a valid warrant of a arrest for X, arrests X. X resists the arrest and strikes
the policeman injuring him.
6. Which of the following statements is correct with regard to the requirements of consent?
a) There must be an agreement between the person consenting (the injured person) and the
actor.
b) The person giving the consent must have full legal capacity to act
c) Mere knowledge of the risk of harm is sufficient for the requirement of “appreciation” of the
risk of harm.
d) The person consenting must be able to express his will.
7. Humbulani and Patricia are neighbours. Humbulani often quarrels with Patricia and does not
like her, Humbulani builds a large shed for his chickens on his property in order to spoil
Patricia’s beautiful view. It appears that Humbulani did indeed need a shed, but that he could
have easily built it elsewhere on his property. Which one of the following statements is correct
with regard to Humbulani’s act?
a) Humbulani’s imporper motive renders his act wrongful.
b) Humbulani furthered a reasonable interest of his own and thus did not act wrongfully.
c) Humbulani exceeded his capacity as an owner and abused his right.
d) Option 1 and 3 above.
8. A terrorist places a time-bomb in a bust restaurant. The bomb explodes and injures Xholisi. In
respect of Xholisi’s injuries, the terrorist had:
a) Dolus indirectus
b) Dolus directus
c) Dolus indeterminatus
d) Dolus eventualis
9. In which of the following cases did the court decide that the test for negligence for a child is no
longer the reasonable child standard?
a) Bester v Commercial Union Versekeringsmaatskappy van SA Bpk
b) Barnard v Santambank
c) Jones NO v Santam Bpk
d) Van Wyk v Lewis
, 10.Thepo’s bull eats and tramples Grace’s maize crops. Theops forgot to close the gate between
his and Grace’s land. Which remedy or remedies may be available to grace?
a) The actio de pauperie and actio legis Aquiliae
b) The actio de pauperie and interdict
c) The actio de pastu only
d) The action de pastu and actio legis Aquiliae
11.Maureen inadvertently damages Lora’s drum. Which delictual action may be available to Lora?
a) The actio legis Aquiliae
b) The actio iniuriarum
c) The actio de pastu
d) None of the above.
12.Musa nehlihently left his stationary donkey on the road. Shaun came along driving his new
Polo VW and collided with the donkey. Mus now wishes to sue Shaun. Which defence may
Shaun raise?
a) Private defence
b) Contributory intention
c) Contributory negligence
d) Consent
13.In Greater Johannesburg Transitional Metropolitan Council v ABSA Bank, the court held that:
a) A defence of contributory intention could succeed where both the plaintiff and the defendant
acted with intention
b) A person is guilty of negligence if his conduct falls short of that of the standard of diligens
paterfamilias.
c) For the purposes of the law of delict, intent and negligence may be present simultaneously
d) There is no single criterion for which causation is applicable in all instances
14.What is the criterion for determining factual causation?
a) Actio libera in causa
b) Novus actus interveniens
c) Conditio sine qua non
d) The flexible approach
15.In which one of the following cases did the court maintain that factual causation cannot always
be answered by strict adherence to logic but that common sense sometimes has to prevail?
a) International Shipping Co v Bentley
b) S v Van As
c) S v Mokgethi
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