DLR MCQ practice PDF

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DLR Week 1: Chapter 1& What is the purpose of the law? a) To regulate relations between individuals in a community. b) To recognise individual interests, delimit them in relation to each other and harmonise those that are in conflict. c) To indicate which interests are recognised by the law, und...

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DLR Week 1: Chapter 1&2 1. What is the purpose of the law? a) To regulate relations between individuals in a community. b) To recognise individual interests, delimit them in relation to each other and harmonise those that are in conflict. c) To indicate which interests are recognised by the law, under which circumstances they are protected against infringement (that is, when the impairment of a legally recognised interest constitutes a delict) and how such a disturbance in the harmonious balance of interests may be restored. d) To enforce the Constitution. 2. What is the purpose of private law? a) To regulate relations between individuals in a community. b) To recognise individual interests, delimit them in relation to each other and harmonise those that are in conflict. c) To indicate which interests are recognised by the law, under which circumstances they are protected against infringement (that is, when the impairment of a legally recognised interest constitutes a delict) and how such a disturbance in the harmonious balance of interests may be restored. d) To enforce the Constitution. 3. What is the purpose of the law of delict? a) To regulate relations between individuals in a community. b) To recognise individual interests, delimit them in relation to each other and harmonise those that are in conflict. c) To indicate which interests are recognised by the law, under which circumstances they are protected against infringement (that is, when the impairment of a legally recognised interest constitutes a delict) and how such a disturbance in the harmonious balance of interests may be restored. d) To enforce the Constitution. 4. What is the fundamental premise in law? a) b) c) d)

res perit domino pater est quem nuptiae demonstrant talem qualem damnum iniuria datum

5. Does damage always rest where it falls? a) b) c) d)

Yes, because there is a legal obligation on persons to tolerate harm. Yes, because people must protect their own legally recognised interests. No, because criminal law does not sanction it. No, because there are certain legally recognised instances in which the burden of damage is shifted from one individual to another.

6. What are the elements of a delict? a) b) c) d)

An act, wrongfulness and harm. Wrongfulness, fault, causation and harm. An act, wrongfulness, negligence and harm. An act, wrongfulness, fault, causationand harm.

7. What does it mean if we say that delictual liability is governed by generalising approach? a) b) c) d)

Specific principles or requirements regulate delictual liability. For every kind of delict there are a separate set of requirements. General principles or requirements regulate delictual liability. None of the above options are correct.

8. A delict is not the only form of unwarranted or inadmissible conduct of which the law takes cognisance. Name two similar legal phenomena. a) b) c) d)

Estoppel and enrichment Estoppel and a crime Enrichment and a crime A crime and breach of contract

9. COMPLETE THE SENTENCE: The Roman law concerning liability for injury to personality (iniuria) is of cardinal importance to our law, since it has been adopted almost without change in South Africa. The protection of personality had its origin in the ____________and was directed mainly at the physical person, i.e, _____________ as an interest of personality. a) b) c) d)

Twelve Tables, bodily integrity. Twelve Tables, patrimony Twelve Tables, good name. Twelve Tables, freedom.

10. What is the definition of iniuria in modern-day South African law? a) b) c) d)

An iniuria is the wrongful, intentional infringement of or contempt for a person’s dignitas An iniuria is the wrongful, intentional infringement of or contempt for a person’s corpus. An iniuria is the wrongful, intentional infringement of or contempt for a person’s fama. An iniuria is the wrongful, intentional infringement of or contempt for a person’s corpus, fama or dignitas.

11. Where did the actio legis Aquilia originate? a) b) c) d)

An act (plebiscitum) from 287 BC, and known as the actio legis Aquilia An act (plebiscitum) from 287 BC, and known as the lex Aquilia. The novellae The Twelve Tables

12. What was the original field of application of the actio legis Aquilia? a) It dealt only with the killing or wounding of a slave or fourfooted animal and was only available to the owner of property. b) It dealt only with the burning, breaking and destroying of things and was only available to the owner of property. c) It dealt only with the killing or wounding of a slave or fourfooted animal, and the burning, breaking and destroying of other things and was only available to the owner of the damaged property. d) It dealt only with the killing or wounding of a slave or fourfooted animal, and the burning, breaking and destroying of other things and was available to anyone who had an interest in the property. 13. Where did the action for pain and suffering originate? a) b) c) d)

In Roman-Dutch law, under the influence of Germanic customary law In Roman law, under the influence of Germanic customary law In Roman-Dutch law, under the influence of African customary law In English law, under the influence of Germanic customary law.

14. What could be claimed with the action for pain and suffering? a) Only pain and suffering. b) Disfigurement, emotional shock, loss of (or shortened) life expectancy c) Pain, suffering, disfigurement, emotional shock, loss of (or shortened) life expectancy, loss of amenities of life and loss of health. d) Loss of amenities of life and loss of health. 15. The two legal issues in Dendy v University of Witwatersrand 2005 (5) SA 357 (W) were as follows: a) Whether the plaintiff had a claim based on pain and suffering and defamation. b) Whether the plaintiff had a claim for the infringement of his dignity based on the wrongful infringement of his constitutional rights, entitling him to an award of damages and whether he was entitled to a claim based on defamation. c) Whether the plaintiff had a claim based on the actio legis Aquilia for loss of income and a claim based on defamation. d) Whether the plaintiff had a claim based on unlawful dismissal and a claim based on defamation. 16. Conduct may be defined as: a) b) c) d)

A voluntary act. A voluntary human act only A voluntary human act or omission. A voluntary human omission.

17. The following are characteristics of an act: i. ii. iii. iv. v.

Only an act of a human being (in contrast to that of an animal) is accepted as “conduct”. Acts of human beings and animals are accepted as “conduct”. Human action only constitutes conduct if it is performed voluntarily. Conduct may be in the form of either a positive act (active conduct – a commissio) or an omission (omissio). Conduct may only be in the form of a positive act. The following options are correct: a) b) c) d)

i, ii and iii are correct. i, ii and iv are correct. ii, iii and iv are correct. i, iii and iv are correct.

18. A walks his dogs in the park. He he sees a young, male teenager with a hoodie on. A has an irrational fear of black people and he suspects that they are all criminals. He lets go of the dogs and they attack and injure the teen. Can the injured teenager sue A? a) b) c) d)

No, because A did not act, the dogs acted. No, because A acted in self defence. Yes, because an act of an animal is an act for purposes of the law of delict. Yes, because the owner of the dogs in this case uses the dogs as an instrument to commit the delict and that means that a human act is still present.

19. The cases that best supports the answer in question above, are: i. ii. iii. iv.

Pinshaw v Nexus Securities (Pty) Ltd 2002 2 SA 510 (C) Jooste v Minister of Police 1975 1 SA 349 (E) Chetty v Minister of Police 1976 2 SA 450 (N). First National Bank of SA Ltd v Rosenblum 2001 4 SA 189 (SCA) a) i and ii are correct. b) ii and iii are correct. c) iii and iv are correct. d) only iv is correct.

20. A is the director of company B. A makes a fraudulent misrepresentation to C and causes C to invest R100 000. Did company B act for purposes of the law of delict? a) No. A is a natural person and has nothing to do with company B. b) No. Company B is a juristic person and cannot act for purposes of the law of delict. c) Yes. A juristic person may act through its organs and A’s misrepresentation will constitute an act for purpses of a delictual action. d) Yes. A and company B are considered as one person.

21. If we say that if we say that a human action only constitutes conduct if it is performed voluntarily, it means: a) b) c) d)

The wrongdoer must have willed or desired his conduct. The wrongdoer’s conduct should be rational or explicable. The wrongdoer was provoked. That the wrongdoer in question has sufficient mental ability to control his muscular movements.

22. A tickles B from behind. B gets a fright, turns around at stabs A to death. Will a defence of automatism succeed? a) No, because in accordance with S v Chretien 1981 1 SA 1097 (A) 1104, impulsive or spontaneous acts do not really amount to reflex movements and are usually regarded as voluntary. b) Yes, because in accordance with S v Chretien 1981 1 SA 1097 (A) 1104, impulsive or spontaneous acts do not really amount to reflex movements and are usually regarded as voluntary. c) No, because in accordance with S v Smit 1963 4 SA 824 (G), impulsive or spontaneous acts do not really amount to reflex movements and are usually regarded as voluntary. d) Yes, because in accordance with S v Smit 1963 4 SA 824 (G), impulsive or spontaneous acts do not really amount to reflex movements and are usually regarded as voluntary. 23. Sane automatism is: a) b) c) d)

Where the automatism is a consequence of wrongfulness. Where the automatism is a consequence of fault. Where the automatism is a consequence of mental illness. Where the automatism is not a consequence of mental illness

24. Insane automatism is: a) b) c) d)

Where a mental disease renders a person unable to control his bodily movements. Where the automatism is a consequence of fault. Where the automatism is a consequence of provocation. Where the automatism is not a consequence of mental illness

25. Complete the sentence: Liability for ____________is in general more restricted than liability for ______________. a) b) c) d)

a delict, a crime. a commission, an omission an omission, a commission a positive act, an ommission

26. A drives his car through a stop street into another car. This is an example of: a) b) c) d)

Legally deficient or negligent conduct. A did act but he failed to do so with care. An ommission. Both an ommission and legally deficient or negligent conduct. Neither an ommission nor legally deficient conduct

27. Policeman A sees how B is assaulted by C but fails to protect B. The following statement best describes t he legal position, it is an example of: a) Legally deficient or negligent conduct. A did act but he failed to do so with care. b) An ommission, because there is a failure to take any positive steps whatsoever to prevent damage to other people. c) Both an ommission and legally deficient or negligent conduct. d) Neither an ommission nor legally deficient conduct. 28. Policeman A fails to prevent a dangerous criminal, B from escaping and he subsequently rapes C. The following statement best describes the legal position, it is an example of: a) Legally deficient or negligent conduct. A did act but he failed to do so with care. b) An ommission, because there is a failure to take any positive steps whatsoever to prevent damage to other people. c) Both an ommission and legally deficient or negligent conduct. d) Neither an ommission nor legally deficient conduct. 29. The police failed to take a critically injured person in a police cell for medical treatment and he subsequently sustained brain damage. The following statement best describes the legal position, it is an example of: a) Legally deficient or negligent conduct. A did act but he failed to do so with care. b) An ommission, because there is a failure to take any positive steps whatsoever to prevent damage to other people. c) Both an ommission and legally deficient or negligent conduct. d) Neither an ommission nor legally deficient conduct. 30. The police and prosecutor failed to oppose the bail application of a dangerous criminal who seriously assaulted a woman after his release. The following statement best describes the legal position, it is an example of: a) Legally deficient or negligent conduct. A did act but he failed to do so with care. b) An ommission, because there is a failure to take any positive steps whatsoever to prevent damage to other people. c) Both an ommission and legally deficient or negligent conduct. d) Neither an ommission nor legally deficient conduct.

DLR Week 2: Chapter 3.1-3.3 1. A harmful act in itself is sufficient to give rise to delictual liability. This statement is: a) b) c) d)

True, because a delict is a harmful act. False, because a delict is a harmful act. True, because for liability to follow, the act must be wrongful. False, because for liability to follow, the act must be wrongful.

2. Wrongfulness is: a) b) c) d)

The infringement of a constitutionally protected interest. The infringement of a legally protected interest in a morally reprehensible way. The infringement of a constitutionally protected interest in a criminal way. The infringement of a legally protected interest in a legally reprehensible way.

3. As a point of departure, wrongfulness should be determined by taking into account all the relevant facts and circumstances that were really present and all the consequences that really ensued. This means that wrongfulness is determined _______________ and ___________. a) b) c) d)

objectively, in vacua. subjectively, in vacua. subjectively, ex post facto objectively, ex post facto.

4. Which criterion is used to determine whether an interest is worthy of protection, as well as whether its infringement is legally unacceptable? a) b) c) d)

The legal convictions of the community or boni mores criterion. The legal convictions of parliament or boni mores criterion. The legal convictions of the high court or boni mores criterion. The legal convictions of the constitutional court or boni mores criterion

5. Complete the sentence: an act may be described as delictually wrongful only when it has as its consequence the infringement of a_________________. Whether such a consequence is present, normally requires a concrete investigation of the relevant facts through an analysis of the available evidence. a) b) c) d)

morally protected interest. legally protected interest community-based interest constitutional interest

6. X races down Johannesburg’s main street, a 60km/h zone, at 120 km/h in peak hour traffic. Miraculously, he does not cause a collision. The question whether his act be considered wrongful in delict is best answered by the following statement: a) No, because he did not commit a crime. b) No, because an act may only be described as delictually wrongful only when it has as its consequence the infringement of a legally protected interest. c) Yes, because an act may only be described as delictually wrongful only when it has as its consequence the infringement of a legally protected interest. d) Yes, because he committed a crime. 7. “An act and its consequence are always separated by time and space”. An example of this principle is found in the case of: a) b) c) d)

Lee v Minister for Correctional Services 2013 2 SA 144 (CC) 167 Pinchin v Santam Insurance Co Ltd 1963 2 SA 254 (W). F v Minister of Safety and Security 2012 1 SA 536 (CC) 56 Country Cloud Trading CC v MEC, Department of Infrastructure Development 2014 2 SA 214 (SCA) 222

8. Consider the following facts: A pregnant woman was involved in a motor-car accident caused by the defendant’s negligence. When the child was born, it was found to suffer from serious brain damage. Compensation was claimed from the defendant on the child’s behalf. However, at the time of the defendant’s act, the child was in ventre matris. As a result, the child had no juristic personality and, consequently, had no legally protected interests that could be infringed. These facts are from the case of: a) b) c) d)

Lee v Minister for Correctional Services 2013 2 SA 144 (CC) 167 Pinchin v Santam Insurance Co Ltd 1963 2 SA 254 (W). F v Minister of Safety and Security 2012 1 SA 536 (CC) 56 Country Cloud Trading CC v MEC, Department of Infrastructure Development 2014 2 SA 214 (SCA) 222

9. The court again had the opportunity to consider a claim for a child who was injured while in ventre matris. The Supreme Court of Appeal pointed out that the nasciturus-fiction does not offer a solution in certain instances (for example, when a mother is negligently infected with syphilis before she became pregnant, but the child is then born with the disease) and may in other situations lead to unfair results. The court stated clearly that wrongfulness and damage are separate delictual elements that must not be merged, and emphasised that recognition of a child’s right to claim for antenatal injuries will, for several reasons, not open the floodgates of litigation, inter alia because the claim depends upon the live birth of the child. The case in question is: a) Country Cloud Trading CC v MEC, Department of Infrastructure Development 2014 2 SA 214 (SCA) 222. b) F v Minister of Safety and Security 2012 1 SA 536 (CC) 56. c) Road Accident Fund v Mtati 2005 6 SA 215 (SCA) 219. d) Minister van Polisie v Ewels1975 3 SA 590 (A) 597.

10. The boni mores test is an objective test based on the criterion of reasonableness. The basic question that needs to be asked in order to establish whether there was wrongfulness is: a) Whether, according to the convictions of the court and in light of all the circumstances of the case, the defendant infringed the interests of the plaintiff in an unreasonable manner. b) Whether, according to the legal convictions of the community and in light of all the circumstances of the case, the defendant infringed the interests of the plaintiff in an unreasonable manner. c) Whether, according to the legal convictions of parliament and in light of all the circumstances of the case, the defendant infringed the interests of the plaintiff in an unreasonable manner. d) Whether, according to the legal convictions of the community and in light of all the circumstances of the case, the defendant infringed the interests of the plaintiff in a criminal manner. 11. In balancing the various intetests to determine whether there was wrongfulness, the balancing process entails: a) The ex post facto balancing or weighing-up of the interests which the defendant promoted by his act and the interests he protected. b) The ex post facto balancing or weighing-up of the community’s interests and the interests of the victim. c) The ex post facto balancing or weighing-up of the community’s interests and the interests of the wrongdoer. d) The ex post facto balancing or weighing-up of, on the one hand, the interests which the defendant promoted by his act, and on the other, those which he infringed. 12. Complete the sentence: In _________________ Nicholas AJA accepted the viewpoint of Van der Merwe and Olivier that the “legal convictions of the community” must be seen as the legal convictions of the legal policy makers of the community, such as the legislature and judges.In his role as interpreter of the legal convictions of the community, a judge nevertheless does not elevate his personal viewpoint regarding right and wrong to the sole measure of wrongfulness. A judge who does that, impermissibly makes the law whilst his main task is to apply the law. a) b) c) d)

Ex parte Die Minister van Justis...