LPF Test 1 Flashcards
(50 cards)
What is a delict?
It is a civil wrong resulting in harm done by one party to another party.
What are the 3 most common types of declits?
Patrimonial loss (monetary harm), Pain, suffering & disfigurement and Infringment of personality rights.
What remedy is used for patrimonial loss?
The Aquilian Action.
What are some examples of patrimonial loss?
Damages, Theft and Fraud.
What remedy is used for pain, suffering & disfigurement?
Action for pain and suffering.
What are some examples of pain, suffering and disfigurement?
Experiencing harm that results in disability, loss of amenities of life, or shortened life expectancy
What remedy is used for infringement of personality rights?
Actio Iniuriam
What are the elements needed to prove a delict (in order to sue someone for delictual damages)?
To prove a delict, a person who has the intention to sue has to prove that:
1. A wrongful act has occurred
2. The party in the wrong has to have a blameworthy state of mind - it has to be proved that they are at fault
3. Causation
4. Damage
What is the Aquilian Action?
The Aquilian action is a remedy used to put the person back in the position that they were in financially before the delict was commited
What is the action for pain and suffering?
The action for pain and suffering is used to remedy non-patrimonial damages. In order for it to be used the 4 elements of delict need to proved.
What is the Actio Iniuriarum?
This remedy is used to protect a party from experiencing infringment of personality rights. In order for this remedy to be used a person has to prove
- A blameworthy state of mind
- Wrongful act
- Intent
What is meant by ‘fault’?
Fault is almost always a requirement for delictual liability
In what forms can ‘fault’ take place?
Negligence and Intention
Which delictual remedies specifically require intention?
Actio Iniuriaum, Fraud and Theft
What elements are necessary to prove negligence?
A person would need to prove that a reasonable person would have forseen the consequences of their action and would have taken the steps to avoid them. A negligent person would not have taken the necessary steps.
Name the different forms of intention
Dolus directus, dolus indirectus and dolus eventualis
What is dolus directus?
Direct intention. An example would be John aiming a gun at Adam and shooting it with the intention of killing him.
What is dolus indirectus?
Indirect intention. An example of this would be John throwing a bomb at Adam because he intended to kill him and knowing that Jack would also die because he is holding Jack as a human shield.
What is dolus eventualis?
Having the intention of doing something and knowing that it could have negative consequences, but not being entirely certain and continuing to do it anyway.
What is very important note about intention?
Intention is always subjective because it is about the specific thoughts of the perpetrator
What does it mean to be a legal person?
In order to be considered a legal perso you have to be born alive.
What are the requirements for a live birth according to common law?
- There must be a complete separation between the mother and baby &,
- The baby must be able to be breath air and have a beating heart (be able to live) after separation
What is the significance of a person being alive in the eyes of the law?
This allows a person to have rights and duties
How are rights categorised?
Rights are separated into 4 categories:
1. Real rights
2. Personal rights
3. Personality rights
4. Constitutional Human Rights