Introduction

Question 1

Meaning of wrongfulness

Answer 1

Definition: wrongfulness is simply anything that in accordance with the law of delict is legally wrong. It is about the infringement of a legally recognised right – however, this is too far reaching a definition; encapsulates all elements of the law of delict

Question 2

Legal question to determine wrongfulness

Answer 2

Is it reasonable, on a balance of probabilities, to impose delictual liability on the defendant

Question 3

Criteria used to answer legal question?

Answer 3

Criteria used to answer that question: legal and public policy considerations and constitutional norms

Question 4

What is the 2 very important legal rules?

Answer 4

1. Positive causation of property damage and bodily injuries is prima facie wrongful
2. Causation of pure economic loss and harm caused by omissions are not prima facie wrongful

Practical implications that follow from these two rules: if someone causes you bodily injury through their positive conduct, that’s prima facie wrongful and the plaintiff is not required to prove wrongfulness. Wrongfulness is presumed. Defendant will have the opportunity to disprove wrongfulness by alleging and proving a ground of justification to illustrate that the causation of the harm was justified and therefore there is no wrongfulness

Where someone causes you a bodily injury through an omission: not prima facie wrongful, which means the plaintiff needs to allege and prove wrongfulness on a balance of probabilities. By alleging and proving legal and public policy considerations and constitutional norms that allow the court to come to the conclusion that it is reasonable to impose delictual liability on the defendant