Discuss negligence culpa - Study guides, Class notes & Summaries

Discuss Negligence (Culpa). Correct Answer Negligence (Culpa) A person's conduct is negligent if it falls short of a certain standard set by the law. This standard is, generally speaking, the caution which a reasonable person would exercise or the foresight which a reasonable person would have in the particular circumstances. In crimes of negligence X is blamed for not knowing, not foreseeing or not doing something, although, according to the standards set by the law, he should have known or...

PVL 3704 ENRICHMENT LIABILITY AND ESTOPPEL LATEST EXAM PACK 2021-2022. SECTION B QUESTION 1 DISCUSS THE NATURE AND EXTENT OF ENRICHMENT CLAIMS WITHOUT REFERRING TO ANY SPECIFIC ACTION The plaintiff is allowed to claim the amount he has been impoverished, or the amount the defendant has been enriched, whichever is the lesser. The quantum of the enrichment claim is calculated at the time the claim is instituted. The defendant is not liable for benefits that he due to his enrichment c...

PVL 3704 ENRICHMENT LIABILITY AND ESTOPPEL 2020 LATEST EXAM PACK 2015 – 2019. SECTION B QUESTION 1 DISCUSS THE NATURE AND EXTENT OF ENRICHMENT CLAIMS WITHOUT REFERRING TO ANY SPECIFIC ACTION The plaintiff is allowed to claim the amount he has been impoverished, or the amount the defendant has been enriched, whichever is the lesser. The quantum of the enrichment claim is calculated at the time the claim is instituted. The defendant is not liable for benefits that he due to his enrichmen...

PVL3704 - Enrichment Liability And Estoppel. PVL3704_ EXAM PACK ANSWERS 2020.. Write a critical discussion on whether patrimonial loss is a requirement in the South African law of estoppel with reference to relevant case law. [10] Basically they are two schools of thought when it comes to the issue of patrimonial loss as a requirement for the South African law of estoppel. It was averred that the patrimonial position in which the estoppel-asserter finds himself or herself at the moment of ...

SECTION B QUESTION 1 IN McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] THE COURT SAID “WE NOW KNOW FROM THE HARD PRINT THAT THERE IS A COOMON-LAW BASIS FOR THE ACCEPTANCE OF A GENERAL ENRICHMENT ACTION, AT LEAST ONE OF A SUBSIDIARY NATURE IN THIS RESPECT THE DECISION OF THE MAJORITY IN Nortje’s CASE HAS BEEN SHOWN BY THE THEN LARGELY DORMANT AUTHORITY TO BE CLEARLY WRONG.” CRITICALLY DISCUSS THIS STATEMENT WITH REFERENCE TO RELEVANT CASE LAW (10...

Exam Papers FLS1502 October/November 2013 Section A: Roman Law of Things Question 1 What is the difference between a personal and a real action? (2) A real action enforced a real right in respect of a thing and could be enforced against any person who encroached on a person’s right to a thing. A personal action on the other hand enforced a personal right that can only be enforced against a specific person. Question 2 Which forms of delivery are applicable in the following cases? 2...