1
Q
Define a delict
A
The act of a person who in a wrongful and culpable way causes harm to another
2
Q
What is the definition provided for “intent” by De Wet and Swanepoel?
A
It is a reprehensible disposition with which a person acts (subjective test)
3
Q
What is the definition provided for “negligence” by Van der Merwe and Olivier?
A
Something for which a person is legally blamed (objective test)
4
Q
How should one methodically test for negligence?
A
- Give test as stated in Kruger v Coetzee
1. Deal with the diligens paterfamilias
2. In the position of the defendant (negligence is judged in the surrounding circumstances)
3. Foreseeability of harm
4. Preventability of harm
LDEL - Delict
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