Law of Delict PVL3703: Detailed Assignment Solutions for Semesters 1&2

This document provides solutions to a Law of Delict assignment, addressing various scenarios and legal concepts. It covers topics such as private defense, dolus determinatus, delictual remedies, and the application of legal principles in different situations. Specific questions address situations involving provoked dog attacks, intentional harm to livestock, reduction of damages, interdict requirements, actio iniuriarum, constitutional remedies, provocation as justification, consent to risk, dolus eventualis, and remedies for animal-caused damage to crops (Actio de pastu). Each answer provides a concise explanation of the relevant legal principles and their application to the given scenario, offering a comprehensive overview of key aspects within the Law of Delict.

Law of Delict
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Table of Contents
Answer 1....................................................................................................................................3
Answer 2....................................................................................................................................3
Answer 3....................................................................................................................................3
Answer 4....................................................................................................................................3
Answer 5....................................................................................................................................4
Answer 6....................................................................................................................................4
Answer 7....................................................................................................................................4
Answer 8....................................................................................................................................4
Answer 9....................................................................................................................................5
Answer 10..................................................................................................................................5
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Answer 1
Roy provoked his dog to attack Jack, in response to which, Jack got panicked and shot the
dog. If Roy set up delictual claim against Jack, Jack may rely on the defence of private
defence. He took the action in urgency when the dog attacked him and in panic, he shot the
dog.
Answer 2
Titus placed a home-made bomb in a field where cattle are grazing and the bomb exploded
and damaged crops and injured the cattle. It is evident that Titus intentionally planted the
bomb to cause harm to the cattle as well as to damage crops. Thus, Titus has conducted Dolus
determinatus in respect of the damage, because he was sure that the explosion of bomb would
damage crops as well as could injure animals to a serious level.
Answer 3
In reducing the amount of damages awarded to a plaintiff, donations or ex gratia benefits are
taken into consideration because amount of damages to be given to the plaintiff must include
life insurance or compensation for the damages, but, donations are additional benefits that
cannot be considered under compensation.
Answer 4
The first option (there must be no other remedy available to the applicant) is not a
requirement for an interdict. All other three are essential requirements for an interdict.
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Answer 5
With regard to delictual remedies; first statement is correct i.e. the actio iniuriarum is
directed at “satisfaction” for the wrongful and intentional injury to personality. It is because
the sufferer should be provided with satisfactory damages under delictual remedies.
Answer 6
The incorrect statement with regard to the law of delict and the constitution is that both a
constitutional remedy and a delictual remedy are aimed primarily at compensation. The other
three statements are correct in context with the law of delict and the constitution (University
of Queensland, 2016).
Answer 7
Rocky insults Tammy who in retaliation slapped Rocky. If Rocky institutes delictual action
for the infringement of his personality rights, Tammy may rely on the ground of provocation
to justify the action. Rocky provoked Tammy that much that in retaliation, Tammy slapped.
Answer 8
At the time when Brendon purchased ticket to a boat ride, it clearly mentioned that the
management of the amusement park will not be held liable for any negligence on their part.
Now, if Brendon decides to institute an action for damages against the management of the
amusement park, the management may rely on consent of Brendon to the risk of injury in
order to exclude or limit liability because, he purchased the ticket and did not ask anything
that time, which establishes his consent to the risk of injury.
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Answer 9
Kabelo forsees the possibility of his breaking a window in his neighbour’s house but decides
that it will not happen, Kabelo had Dolus eventual is in respect of the damage because he
knew it that if he will play there, the ball would eventually break the window.
Answer 10
Willy’s bull tramples and eats maize planted by Charlotte in her fields, Charlotte may be
provided with remedy under Actio de pastu, as the farm animal of Willy caused harm to the
plants of Charlotte (Kucuk, 2008).
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