Delictual Remedies

Question 1

Requirements for an interdict

Answer 1

1. There must be an act by the respondent (act or omission, commenced or merely threatening)
2. The act must be wrongful in the sense that it is an infringement of a clear right (recognised subjective right) or breach of a legal duty
3. There must be no other remedy available to the applicant to prevent the (continued) wrongful conduct

Since the act may be merely threatening, there is no reason why fault should be a requirement

Question 2

Prescription of remedies

Answer 2

• According to the Prescription Act, a delictual debt prescribes and the delictual action is thus also extinguished three years after it originated
• Prescription commences to run as soon as the debt is due and this occurs from the moment all the elements of a delict are present, provided also that the creditor has knowledge (or ought reasonably to know) of the identity of the wrongdoer and the facts from which the debt arises
• A creditor shall be deemed to have such knowledge if he could’ve acquired it by reasonable care
• The ending of prescription may be suspended or interrupted