Actions/Remedies

Question 1

What are some examples of statutes that cater for an action in statute, and not in delict?

Answer 1

Consumer Protection Act
PEPUDA
Copyright Act

Question 2

Name two acts that provide compensation for sufferers of delicts

Answer 2

Road Accident Fund

Compensation for Occupational Injuries and Diseases Act

Question 3

Have constitutional damages ever been awarded?

Answer 3

Award of damages for violations of constitutional rights e.g. SA President v Modderklip Boerdery.

Question 4

What is the difference between a prohibitory and a mandatory interdict?

Answer 4

A prohibitory interdict requires one to refrain from doing something, whereas a mandatory interdict requires one to actively do something.

Question 5

When is the Acquilian action used?

Answer 5

For economic harm (patrimonial loss) e.g. medical expenses resulting from bodily injury or property damage, due to negligent or intentional conduct. Some examples include:

a. physical harm to a person/property
b. omission
c. misstatement/misrepresentation
d. pure economic loss
e. psychiatric injury
f. new kinds of claim: lost chance?

Question 6

When is the actio iniuriarum used?

Answer 6

For infringement of personality rights (non-patrimonial loss) due to intentional conduct only e.g. suffering damage to your reputation by defamation, dignity by insult, bodily integrity by assault, and physical freedom by deprivation of liberty. Some examples include:

a. defamation
b. assault
c. deprivation of liberty
d. insult
e. invasion of privacy
f. other invasions of dignity
g. new kinds of claim

Question 7

When is the action for pain and suffering used?

Answer 7

For non-patrimonial loss suffered as a result of pain, suffering or loss of amenities of life due as a result of bodily injury, due to negligent or intentional conduct. It can only be claimed in conjunction with either the acquilian action, or the actio iniuriarum.