Comparitive legal History

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CLH ASSIGNMENT 1

WORD COUNT:760

4/28/2014

AYSHA ZINN ZNNAYS001

Name: AYSHA ZINN
Student Number: ZNNAYS001
Course: RDL1004/1007H

Declaration 1. I know that plagiarism is wrong. Plagiarism is to use another’s work and pretend that it is one’s own. 2. I have used the Harvard author date method convention for citation and referencing. Each contribution to, and quotation in, this essay/report/project/ from the work(s) of other people has been attributed, and has been cited and referenced. 3. This essay/report/project/ summary is my own work.

4. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work.

Signature: A.Zinn
Date: 2014/04/28

This problem deals primarily with the law of delict, so firstly I will explain what delict is and what the requirements are to have committed a delict and for someone to use the delictual remedies.
Delicts are private wrongs that cause someone patrimonial or non-patrimonial loss.
To commit and delict and to use delictual remedies against the wrongdoer, the following must be proven:
Damnum- the loss suffered (for example: damage to property, injury, or causing the death of something).
Iniuria- whether the wrongdoer was at fault (negligent- the wrongdoer did not act reasonably, or intentional- the wrongdoer acted on purpose).
Datum- the wrongdoer’s actions caused the loss directly.
The claims are as follows:
ALEX
Alex was wrongfully accused by Hamish of being a thief (Datum) because he was merely acting as an agent for George. Alex, being called a thief in public based on assumption (Iniuria) negatively affects his reputation and infringes on his personality rights (Damnum). Alex can use the Actio iniuriarum to claim for non-patrimonial-loss from Hamish.
The damage to Alex’s arm (Damnum) was directly caused by Alli tripping him (Datum). She acted reasonably to stop a running thief but she

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