LPF Test 1 Flashcards

(50 cards)

1
Q

What is a delict?

A

It is a civil wrong resulting in harm done by one party to another party.

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2
Q

What are the 3 most common types of declits?

A

Patrimonial loss (monetary harm), Pain, suffering & disfigurement and Infringment of personality rights.

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3
Q

What remedy is used for patrimonial loss?

A

The Aquilian Action.

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4
Q

What are some examples of patrimonial loss?

A

Damages, Theft and Fraud.

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5
Q

What remedy is used for pain, suffering & disfigurement?

A

Action for pain and suffering.

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6
Q

What are some examples of pain, suffering and disfigurement?

A

Experiencing harm that results in disability, loss of amenities of life, or shortened life expectancy

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7
Q

What remedy is used for infringement of personality rights?

A

Actio Iniuriam

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8
Q

What are the elements needed to prove a delict (in order to sue someone for delictual damages)?

A

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

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9
Q

What is the Aquilian Action?

A

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

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10
Q

What is the action for pain and suffering?

A

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.

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11
Q

What is the Actio Iniuriarum?

A

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

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12
Q

What is meant by ‘fault’?

A

Fault is almost always a requirement for delictual liability

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13
Q

In what forms can ‘fault’ take place?

A

Negligence and Intention

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14
Q

Which delictual remedies specifically require intention?

A

Actio Iniuriaum, Fraud and Theft

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15
Q

What elements are necessary to prove negligence?

A

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.

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16
Q

Name the different forms of intention

A

Dolus directus, dolus indirectus and dolus eventualis

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17
Q

What is dolus directus?

A

Direct intention. An example would be John aiming a gun at Adam and shooting it with the intention of killing him.

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18
Q

What is dolus indirectus?

A

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.

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19
Q

What is dolus eventualis?

A

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.

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20
Q

What is very important note about intention?

A

Intention is always subjective because it is about the specific thoughts of the perpetrator

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21
Q

What does it mean to be a legal person?

A

In order to be considered a legal perso you have to be born alive.

22
Q

What are the requirements for a live birth according to common law?

A
  1. There must be a complete separation between the mother and baby &,
  2. The baby must be able to be breath air and have a beating heart (be able to live) after separation
23
Q

What is the significance of a person being alive in the eyes of the law?

A

This allows a person to have rights and duties

24
Q

How are rights categorised?

A

Rights are separated into 4 categories:
1. Real rights
2. Personal rights
3. Personality rights
4. Constitutional Human Rights

25
What are real rights?
Real rights exist in relation to tangible property and they are enforceable against the whole world.
26
What are personal rights?
These kinds of rights are created to ensure performance, more specifically in a contract. These kinds of rights are only enforceable against the other party to the contract.
27
What are personality rights?
Personality rights relate to all aspects of personality, including the right to privacy, bodily integrity, dignity, and reputation. These rights are enforceable against the whole world.
28
Who can have legal personality?
Natural and juristic persons.
29
What are the aims and responsibilities of Private Law?
Private law governs ‘the rights and duties between persons, defines and describes the rights and duties and deals with their origin, content and exercise.’
30
What kinds of legal capacity can legal persons have?
Passive legal capacity and active legal capacity
31
What is legal capacity?
Legal capacity describes your ability to do things that the law takes notice of.
32
What is passive legal capacity?
Passive legal capacity ensures that a person can merely be the bearer of rights and duties. Everyone has passive legal capacity.
33
What is active legal capacity?
Active legal capacity ensures that a person can actively acquire rights and duties and be an active participant in the legal system. The ability to have active legal capacity depends on your “legal status”.
34
What are the main types of active legal capacity?
1. The capacity to commit delict and crimes. 2. The capacity to lititgate (to bring a case to court). 3. The capacity to perform juristic acts.
35
What are some examples of the capacity to perform juristic acts?
- Being to Acquire or alienate property – Being able to conclude binding contracts – Being able to consent to medical treatment – Getting married.
36
What are some of the factors (statuses) that affect the ability to have legal capacity in common law?
Age, mental illness or disability and marriage in community of property.
37
What are the statues that affect legal capacity in customary law?
A person's position in a family.
38
What is the general rule when it comes to minors (younger than 7) and legal capacity?
Minors have no active legal capacity, they do however have passive legal capacity.
39
What is the general rule for minors aged 8 - 18 in terms of legal capacity?
Minors older than 7 have limited legal capacity
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