CML1501 Assignment 2 Semester 2 2024 | Due 19 September 2024

Description

CML1501 Assignment 2 Semester 2 2024. All Questions were answered with references.

Question 1

(a) Explain whether the element of fault exists in a “delict” as either intention or negligence. (5)

(b) Explain the meaning of the term “Damage” in delict. Give examples from case law.(5)

(c) Explain the meaning of the word “damages” in delict. Give examples from case law.(5)

Question 2

(a) What is meant by the statement that the fundamental principle of our law of evidence and criminal procedure demands that no person should be obliged to incriminate himself or herself? Give examples.(5)

(b) Explain whether the law obliges journalists to answer questions lest they are sentenced to a term of imprisonment.(5) (c) What does section 205 of the Criminal Procedure Act, 1977 provides. Is that provision consistent with the Constitution of the Republic of South Africa, 1996?(5) Question 3 (a) Explain the claim of false disparagement.(5) (b) Explain the claim of passing off.(5)

(c) Explain the claim of contravention of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988 (5)

Question 4

(a) Who can claim Copyright protection? (5) (b) Does the Copyright Act 98 of 1978 give a list of various categories of works that are protected? Explain each of them. (5)

(c) Can any type or category of creation be protected under law? (5) Question 5 (a) Explain what is meant by Contempt of court. (5)

(b) Explain contempt in facie curiae. (5) (c) When does a criminal case commence? (5)

(d) Explain the constitution of a trade coupon. Is it may be constituting of a contract; a printed offer directed at a target group of clients, which may, in return, be returned by the consumer in order to receive something of value. (5)