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31 Cards in this Set
- Front
- Back
What is the general principle for delictual liability at common law? |
Damnum Injuria Datum |
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What is Damnum Injuria Datum |
The general principle for delictual liability at common law |
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What is meant by damnum |
Loss, harm or invasion of a right |
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What is the term for loss |
Damnum |
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What is injuria |
A legal wrong |
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What is the term for a legal wrong |
Injuria |
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What is datum |
The causal link between a legal wrong and loss |
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What is the term for the causal link between a legal wrong and a loss |
Datum |
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What is culpa |
A generic term embracing all forms of fault |
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What is the generic terms embracing all forms of fault |
Culpa |
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What does a pursuer need to show on the part of a defender to continue a delictual action for damages |
culpa |
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How may intentional fault be divided? |
Faults which intend harm to the victim and fault where the wrongful act is deliberately done. |
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How may fault generally be divided? |
Intentional and unintentional faults |
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What is meant by damnum absque injuria |
There is no liability for loss caused by conduct which is not wrongful |
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What phrase means there is no liability for conduct which is not wrongful |
Damnum absque injuria |
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What may remedies other than damages not require |
Culpa |
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What form of delicts may have special rules on liability outwith the general principle |
delicts with strict liability |
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What are the four broad headings for reparable interests? |
1. Protection of the person 2. Protection of liberty 3. Protection of personality interests 4. Protection of interests in property |
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What are the seven problematic forms of loss? |
1. Economic loss 2. Loses arising from pure omissions 3. Loss caused by third parties 4. Losses arising from damage to others/the property of others 5. Psychiatric harm 6. Losses caused by public bodies excising statutory functions 7. Losses not clearly caused by a single source |
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Whom may sue in delict? |
1. Victims. 2. Owners 3. Executors/executrices 4. Relatives of a deceased victim |
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Whom may be sued in delict? |
1. The responsible defender, subject to rules on capacity 2. The defender's employer, principle, or partner where vicarious liability operates |
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What are the types of remedy available in delictual actions? |
1.Damages 2. Interdict 3. Specific impliment |
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How may types of damages be categorised? |
1. Solatium
2. Patrimonial losses |
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What is solatium |
damages for affront or pain and suffering |
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What are patrimonial losses? |
Tangible financial losses, property damage or financial loss |
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What are damages for affront opr pain and suffering known as? |
Solatium |
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What are damages for property damage or financial loss known as? |
Patrimonial loss |
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What is the effect of an interict? |
Interdict enforces negative obligations |
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What remedy is used to enforce negative opbligations? |
Interdict |
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What is the use of specific performance? |
Enforcing positive obligations |
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What is used to inforce positive obligations? |
Specific performance |