AQUILIAN ACTION

Question 1

Harm/Loss

Answer 1

Patrimonial loss from financial harm or damage to property or persons

Question 2

Conduct

Answer 2

Either positive act or omission or statement

Question 3

Causation

Answer 3

Factual causation, in which the defendant’s behavior must have been a conditio sine qua non of loss, and legal causation, in which the relationship between the defendant’s activity and the plaintiff’s harm must not be too faint.

Question 3

Fault

Answer 3

Blameworthiness decided on whether the act was done based on negligence or intention

Question 4

Wrongfulness

Answer 4

The circumstance is measured against the criterion of reasonableness to determine wrongfulness: if the culpable causing of harm is objectively unreasonable, or without lawful justification (a valid defense justifies the infliction of harm), then it is reasonable to impose liability in the circumstances.
All other components of delict are reviewed in deciding whether conduct is wrongful in the circumstances.

Question 5

Requirement for the test of reasonableness

Answer 5

Would a reasonable man observe what extent of degree of care to prevent the harm

Question 6

Negligence

Answer 6

A person is negligent if –
1)The reasonable person in his position would have acted
differently –
2)And according to the courts the reasonable person would have
acted differently if the unlawful causing of damage was
reasonably foreseeable and preventable

Question 7

Case law: Test for Negligence

Answer 7

Kruger v Coetzee (TEST FOR NEGLIGENCE)
 Negligence arises if a reasonable person in the position of the
defendant would –
1)Foresee the possibility of his conduct injuring another in his
person or property and casuing him patrimonial loss; and
2)Take steps to guard against such occurrence; and
 The defendant failed to take such steps.

Question 8

IRAC method

Answer 8

Issues
Rule
Application
Conclusion