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9 Cards in this Set
- Front
- Back
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For what is interdict used? |
To enforce a negative obligation: Ending a continuing wrong or prevent an anticipated wrong. |
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What is the effect of an interdict being breached? |
The party in breach will be liable to a fine or imprisonment. |
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For what types of delict is interdict sufficient? |
Delicts of intention. trespass, defamation, nuisance, use of land in aemulationem vicini. |
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What forms of interdict may be given? |
Interim or permanent. |
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For what is interdict not competent in respect of? |
Actions of negligence, and actions where these is little likelihood of repetition of the wrongful act. |
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What is the purposes of damages? |
To repair the loss suffered by the pursuer. |
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What is restitutio in integrum? |
Restoring a party to the position they would have been in had the delict not occurred. |
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What are the two broad catagories of damages? |
Solatium (Pain and suffering) and Patrimonial losses. |
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How will damages for personal injury be catagories? |
Patrimonial losses for loss of earning, solatium for pain suffered. |
