PVL3703 Law of Delict MCQ PDF

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PVL3703 Law of Delict: MCQNOTE: Most answers are personal or own answers to MCQ from various examination papers and tutorial letters. There might be a few that are incorrect, however most are answered as from the Study Guide and prescribed material. Which one of the following conditions may amount t...

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PVL3703 Law of Delict: MCQ NOTE: Most answers are personal or own answers to MCQ from various examination papers and tutorial letters. There might be a few that are incorrect, however most are answered as from the Study Guide and prescribed material. 1. Which one of the following conditions may amount to automatism? 1. 2. 3. 4.

Provocation Self-defence Black-out Necessity

Answer: 3. Black Out 2. Choose the correct statement: In Carmichele v Minister of Safety and Security (Centre for Applied Legal Studies Intervening) 2001 (4) SA 938 (CC) the Constitutional Court: 1. declared that the courts of lower instance had erred by applying a pre-constitutional concept of the boni mores. 2. noted that the law of delict admirably reflected the spirit, purport and object of the Bill of Rights. 3. recognised a claim for Constitutional damages. 4. recognised the concept for a Constitutional delict. Answer: 1. declared that the courts of lower instance had erred by applying a pre-constitutional concept of the boni mores. 3. Dr. B, a well-known obstetrician, delivered S’s son, K. During the delivery, the nerves in K’s right shoulder were injured resulting in the paralysis of his arm. All of this happened because Dr. B failed to inform S of the potential complications inherent in delivering a large baby. Indicate the MOST CORRECT statement: Negligence will be determined according to the standard of: 1. 2. 3. 4.

the reasonable doctor. the reasonable person. the reasonable man. the reasonable child.

Answer: 1. The reasonable doctor. 4. M is away on holiday. F, his neighbour, is keeping a watchful eye on his house for him and undertook to take care of M’s cat. F notices that M’s house is on fire and realises that the cat is trapped inside the burning house. F breaks down the front door in order to save the cat. If M wants to institute a delictual action against F for breaking down his front door, F may rely on the following ground of justification: 1. 2. 3. 4.

Statutory authority Necessity Provocation Private Defence

Answer: 2. Necessity 5. D is so offended by W’s speech at a political rally, that he throws an apple at W. W falls off the podium and sustains a broken arm as well as a few broken ribs. He is admitted to hospital. While W is being treated at the

2 hospital, a nurse leaves the windows of the ward open and W contracts pneumonia. Which one of the following is INCORRECT? 1. 2. 3. 4.

D acted wrongfully. D had fault. There is a factual causal link between D’s conduct and W’s pneumonia. There is a legal causal link between D’s conduct and W’s pneumonia.

Answer: 4. There is a legal causal link between D’s conduct and W’s pneumonia 6. The most suitable remedy for the prevention of harm is: 1. 2. 3. 4.

the actio legis Aquiliae. the actio de effuses vel deiectis. the interdict. mitigation of loss.

Answer: 3. The interdict 7. The principle dictating that all past and prospective loss must be claimed together stemming from a single cause of action, is known as: 1. 2. 3. 4.

the sum-formula approach. the ‘once and for all’ rule. compensating advantages. the concrete approach to damage.

Answer: 2. the ‘once and for all’ rule. 8. Which is the odd one out? 1. 2. 3. 4.

The adequate causation theory. Normative foreseeability. Direct consequences. The sum-formula approach.

Answer: 4.The sum-formula approach. 9. E and R bear a grudge against G and agree to teach him a lesson he will not forget. While G is in a shopping centre, E and R damage G’s motor car by hitting it with hammers. If G successfully sues E and R in delict, they will incur: 1. 2. 3. 4.

vicarious liability. joint and several liability. liability base on contributory intent. strict liability.

Answer: 2. joint and several liability. 10. Which one of the following situations can it be said that publication of defamatory word has taken place? 1. Two German tourists visit SA. They start to argue in German in front of so locals (who do not understand German) and the one tourist calls the other a liar and an adulterer. 2. Mr. X tells his wife that V at his office is having an affair with her secretary.

3 3. B meets R at the local post office and tells R that the manager of the post office, Mrs. P, is involved in an adulterous affair with R’s neighbour, H. 4. Mrs. B tells her husband that T, a work colleague of Mrs. B, has stolen money from the cash register on numerous occasions. Answer: 3. B meets R at the local post office and tells R that the manager of the post office, Mrs. P, is involved in an adulterous affair with R’s neighbour, H. 11. A inadvertently damages B’s violin. Which delictual action may be available to B? 1. 2. 3. 4. 5.

actio legis Auiliae. actio iniuriarum. action for pain and suffering. actio de pastu. None of the above.

Answer: 1. actio legis Auiliae. 12. J employs electronic equipment to listen in on K’s telephonic conversations. Which remedy or remedies may be available to K? 1. 2. 3. 4. 5.

actio legis Auiliae. actio iniuriarum. actio de pauperie. actio de effusis vel deiectis. none of the above.

Answer: 2. actio iniuriarum. 13. M inadvertently pushes over a ladder on which C is standing. C breaks an arm. Which remedy or remedies may be available to C? 1. 2. 3. 4. 5.

action for pain and suffering. actio iniuriarum. action for pain and suffering and actio iniuriarum. action for pain and suffering and actio de effusis vel deiectis. none of the above.

Answer: 1. action for pain and suffering. 14. J allows M to fire some practice shots with his new pistol at an apple on J’s head. The second shot makes a hole in J’s left ear. J institutes a delictual action against M. M may rely on the following defence: 1. 2. 3. 4. 5.

private defence. execution of an official command. provocation. consent on the risk of injury. none of the above.

Answer: 5. none of the above. 15. The principle dictating at what stage prospective loss must be claimed, is known as: 1. the sum-formula approach.

4 2. 3. 4. 5.

the ‘once and for all’ rule. compensating advantages. the concrete approach to damage. res inter alios acta.

Answer: 2. the ‘once and for all’ rule. 16. 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. 2. 3. 4. 5.

Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A). Molefe v Mahaeng 1999 1 SA 562 (SCA). National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA). Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC). S v Goliath 1972 3 SA 1 (A).

Answer: 2. Molefe v Mahaeng 1999 1 SA 562 (SCA). 17. The following case is regarded as authority for the proposition that killing a person to protect property may be in certain circumstances be justified by private defence: 1. 2. 3. 4. 5.

Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A). Molefe v Mahaeng 1999 1 SA 562 (SCA). National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA). Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC). S v Goliath 1972 3 SA 1 (A).

Answer: 1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A). 18. A incites B’s dog to bite C. C kills the dog with his golf club. B institutes a delictual claim against C. What defence may be available to C? 1. 2. 3. 4. 5.

Private defence. Necessity. Provocation. volenti non fit iniuria. none of the above

Answer: 2. Necessity. 19. A causes harm to B in a wrongful and culpable manner. If B succeeds in holding C, A’s employer, liable for damage caused by A, Charles wil incure: 1. 2. 3. 4. 5.

joint and several liability. vicarious liability. liability based on contributory intent. liability based on contributory negligence. none of the above.

Answer: 2. vicarious liability. 20. When an infringement of a fundamental right constitutes a delict per se, this is known as: 1. direct application of the Bill of Rights.

5 2. 3. 4. 5.

a constitutional delict. vertical application of the Bill of Rights. horizontal application of the Bill of Rights. indirect application of the Bill of Rights.

Answer: 2. a constitutional delict. 21. M, a financial adviser, negligently advises H to make a bad investment. As a result of this, H suffers a serious financial setback. However, there is no damage to H’s person or property. Which one of the following delictual remedies may be available if H wishes to recover his financial loss from M? 1. 2. 3. 4.

the actio legis Aquiliae. the actio iniuriarum. the action for pain and suffering. none of the above.

Answer: 1. the actio legis Aquiliae. 22. S steals a big screen tv set from an electronics store. To get to the tv set, he smashes a window made from expensive security glass. In respect of the damage to the window, S has: 1. 2. 3. 4.

Dolus indirectus. Dolus eventualis. Dolus indeterminatus. Luxuria.

Answer: 1. Dolus indirectus. 23. C is employed by R as a driver in R’s courier business. C has the weekend off, and decides to visit M on Saturday evening. On his way to M’s apartment, C is involved in an accident due to his own negligence. C’s vehicle and the vehicle of D, the other motorist involved in the accident, are badly damages. D discovers that C’s financial position is not good. Advise D on the best course of action: 1. 2. 3. 4.

institute an action against R based on vicarious liability. institute an action against R and C as joint wrongdoers. institute an action against R based on culpa in eligendo. institute an action against C.

Answer: 4. institute an action against C. 24. M’s cow eats and tramples G’s crops. M forgot to close the gate between his and G’s land. Which remedy or remedies may be available to G? 1. 2. 3. 4.

actio de pauperie and actio legis Auiliae. actio de pastu only. actio de pauperie only. actio de pastu and actio legis Auiliae.

Answer: 4. actio de pastu and actio legis Auiliae. 25. N enters into a sexual relationship with L’s wife. Which remedy or remedies may be available to L? 1. actio iniuriarum only. 2. action for pain and suffering only.

6 3. actio iniuriarum and action for pain and suffering. 4. none of the above. Answer: 3. actio iniuriarum and action for pain and suffering. 26. According to the following case liability of the media for defamation is based on negligence: 1. 2. 3. 4.

Kruger v Coetzee 1966 2 SA 428 (A). Molefe v Mohaeng 1999 1 SA 562 (SCA). National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA). S v Goliath 1972 3 SA 1 (A).

Answer: 3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA). 27. Absolute compulsion is one of the conditions that may cause a person’s behaviour to be involuntary and hence not to qualify as conduct for the purpose of delictual liability. In which one of the following instances is Y subject to absolute compulsion? 1. X points a gun a Y to damage Z’s motor vehicle. In order to save his own life, Y dents Z’s motor vehicle. 2. Y suffers an epileptic fit while driving his motor vehicle and in the process smash es into Z’s motor vehicle. 3. Y is ‘blind drunk’ and lies on the sidewalk, making involuntary movements with his arms and legs. Z’s motor vehicle is parked next to Y and Y’s involuntary movements cause a dent in Z’s motor vehicle. 4. X pushes a baseball bat into Y’s hand and then, without Y being able to offer resistance, X takes hold of Y’s hand and forces it to cause a dent on Z’s motor vehicle. Answer: 4. X pushes a baseball bat into Y’s hand and then, without Y being able to offer resistance, X takes hold of Y’s hand and forces it to cause a dent on Z’s motor vehicle 28. Which one of the following best describes what is meant by “psychological lesion”? 1. 2. 3. 4.

Emotional shock. Negligent misrepresentation. Pure economic loss. Infringement of the right to identity.

Answer: 1. Emotional shock 29. Which one of the following qualifies as private defence? 1. J’s vicious dog charges to attack Z. To protect himself, Z picks up a baseball bat and give the dog a blow to the head. 2. B threatened W with a knife and robs her of her cell phone. After 3 months, W sees B at a shopping centre and reacts by stabbing B with a high heeled shoe. 3. A child points a firearm at you and you grab him to prevent him from shooting you. The child sustains injuries to his arm. 4. A police officer arrests L in the execution of a legitimate warrant of arrest. L resists the arrest. He jabs the policeman, cracking one of the policeman’s ribs, in an attempt to escape. Answer: 3. A child points a firearm at you and you grab him to prevent him from shooting you. The child sustains injuries to his arm 30. N is chased by a fierce Jersey bull and jumps onto C’s scooter, which is parked next to the road, in order to race away and save his own life. The scooter is damaged and C institutes a delictual claim against N. N may raise the following ground of justification:

7 1. 2. 3. 4.

Private defence. Necessity. Provocation. Official capacity.

Answer: 2. Necessity. 31. C, 17, left his PlayStation in his locker at school. J, 15, wants to steal C’s PlayStation. He realises that he would have to damage C’s locker in order to get the PlayStation. In respect of the damage to the locker, J has: 1. 2. 3. 4.

dolus directus. dolus indirectus. dolus eventualis. none of the above.

Answer: 2. dolus indirectus. 32. Greater Johannesburg Transitional Metropolitan Council v ABSA Bank Ltd 1997 (2) SA 591 (W) dealt with: 1. 2. 3. 4.

contributory intention. contributory negligence. consent to injury. consent to the risk of injury.

Answer:

1. contributory intention.

33. J plays tennis in his back yard. He foresees the possibility of his ball breaking a window in his neighbour’s house, but decides that it will not happen. If the ball indeed breaks the window, J had the following in respect of the damage: 1. 2. 3. 4.

dolus indeterminatus. dolus eventualis. dolus indirectus. luxuria.

Answer: 4. luxuria. 34. G and M are farming on adjacent properties. G bears a grudge against M. He sets up a device, which causes a loud bang every half an hour, on the common boundry between the two farms, near M’s home stead. As a result of this, M and his family cannot sleep at night and are irritated by day. M asks G to dismantle the device, but G says that he device serves the purpose of scaring baboons away from his orchards. Which delictual remedy may be available to M? 1. 2. 3. 4.

The actio de pauperie. The actio de feris. The interdict. The actio de effuses vel deiectis.

Answer: 3. The interdict. 35. J, an employee of Z, was on route to Rustenburg delivering bread when he accidentally skipped a red robot and crashed into D’s car. If D successfully sues Z (as employer) for the damage to his car, Z will incur: 1. joint and several liability.

8 2. liability based on negligence. 3. vicarious liability. 4. risk liability. Answer: 3. vicarious liability. 36. J threatens L with a gun and orders her to hand over her cell phone. L, in fear of her life, hands over the cell phone. One week later, L spots J at a nearby shopping centre. L rushes home and grabs a knife. She returns to the shopping centre and stabs J. J wants to institute a delictual action against L. L may rely on the following ground of justification: 1. 2. 3. 4.

Necessity. Provocation. Private defence. None of the above.

Answer: 4. None of the above. 37. The delictual remedy used to claim damages for patrimonial loss caused wrongfully and negligently is the: 1. 2. 3. 4. 5.

actio legis Aquiliae. actio iniuriarum. action for pain and suffereing. actio de pastu. interdict.

Answer: 1. actio legis Aquiliae. 38. The delictual remedy used to obtain a solatium for intentional infringement of personality rights is the: 1. 2. 3. 4. 5.

actio legis Aquiliae. actio iniuriarum. action for pain and suffereing. actio de pastu. interdict.

Answer: 1. actio iniuriarum. 39. The delictual remedy used to prevent wrongful causing of harm is the: 1. 2. 3. 4. 5.

actio legis Auiliae. actio iniuriarum. action for pain and suffereing. actio de pastu. interdict.

Answer: 5. Interdict. 40. The delictual remedy used to claim compensation for negligent infringement of the corpus is the: 1. 2. 3. 4.

actio legis Auiliae. actio iniuriarum. action for pain and suffereing. actio de pastu.

9 5. interdict. Answer: 2. actio iniuriarum. 41. The delictual remedy with which damages can be prevented without proving fault is the: 1. 2. 3. 4. 5.

actio legis Auiliae. actio iniuriarum. action for pain and suffereing. actio de pastu. interdict.

Answer: 5. interdict. 42. 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. 2. 3. 4. 5.

direct application of the Bill of Rights. indirect application of the Bill of Rights. vertical application of the Bill of Rights. horizontal application of the Bill of Rights. a constitutional delict.

Answer: 2. indirect application of the Bill of Rights. 43. Prospective loss is best assessed in accordance with: 1. 2. 3. 4. 5.

the sum-formula approach. the ‘once and for all’ rule. compensating advantages. the concrete approach to damage. mitigation.

Answer: 2. the ‘once and for all’ rule. 44. Defamation is in the first place an infringement of a person’s: 1. 2. 3. 4. 5.

bodily integrity. good name. privacy. identity. feelings.

Answer: 2. good name. 45. If a person can differentiate between right and wrong and act in accordance with this insight, he/she: 1. 2. 3. 4. 5.

is in a state of automatism. can rely on a ground of justification. has intent. is negligent. is accountable.

Answer: 5. is accountable.

10 46. Barnard v Santambank 1999 1 SA 2020 (SCA) dealt with: 1. 2. 3. 4. 5.

psychological lesions (emotional shock). pure economic loss. negligent misrepresentation. unlawful competition. manufacturer’s liability.

Answer: 1. psychological lesions (emotional shock). 47. An important development concerning the fault requirement in defamation cases too place in: 1. 2. 3. 4. 5.

International Shipping Co (Pty) Ltd v Bentley 1990 1 SA 680 (A). Molefe v Mohaeng 1999 1 SA 562 (SCA). Boshoff v Boshoff 1987 2 SA 694 (O). Castell v De Greeff 1994 4 SA 408 (C). National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA).

Answer: 5. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA). 48. Consent as a ground of justification in the field of medical interventions was dealt with in: 1. 2. 3. 4. 5.

International Shipping Co (Pty) Ltd v Bentley 1990 1 SA 680 (A). Molefe v Mohaeng 1999 1 SA 562 (SCA). Boshoff v Boshoff 1987 2 SA 694 (O). Castell v De Greeff 1994 4 SA 408 (C). National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA).

Answer: 4. Castell v De Greeff 1994 4 SA 408 (C). 49. The importance of the doctrine of subjective rights for the element of wrongfulness was discussed in: 1. 2. 3. 4. 5.

Universiteit van Pretoria v Tommie Meyer Films 1977 4 SA 488 (A). Minister van Polisie v Ewels 1975 3SA 590 (A). Ex parte Minister van Justisie in re S v Van Wyk 1967 1 SA 488 (A). S v Goliath 1972 3 SA 1 (A). Kruger v Coetzee 1966 2 SA 428 (A).

Answer: 1. Universiteit van Pretoria v Tommie Meyer Films 1977 4 SA 488 (A). 50. Indicate the CORRECT statement with regard to delictual remedies: 1. The actio iniuriarum is directed at “satisfaction” for the wrongful and intentional injury to personality. 2. Intention is always a requirement ...