QUESTION 1 [40] 1.1 Fault can only exist when someone has acted wrongfully. One cannot blame (6) someone who has acted lawfully. Discuss the two forms of fault that must be established before delictual liability can be declared. 1.2 Prior to making an enquiry into fault, it must be established whether the wrongdoer is accountable. Briefly discuss the concept of accountability relating to the wrongdoer's legal requirement mental capacity and state four (4) reasons that could grant a wrongdoer as not being accountable. 1.3 An act of self defence is lawful conduct directed against an actual or imminent unlawful attack by a person on the rights of the defendant or some other person. Suggest at least three (3) justifications under first category of requirement and three (3) under the secondary category of requirement. (10) (12) 1.4 Discuss the concept of voluntary assumption of risk and provide an example where such may need to be applied. (6) 1.5 In the case of negligence, a person is blamed for a careless attitude or Conduct and the test of negligence is therefore the so-called "reasonable Person" test. Deliberate on two essential questions that the reasonable person test must entail. QUESTION 2 (6) [60] 2.1 Both the law of delict and criminal law are concerned with situations where a wrongdoer causes harm to another person or to property. Differentiate between criminal law and the law of delict. (20) 2.2 The south African law of delict works with general principles. In other words (10) South African law does not grant relief only in certain pre-defined situations. Briefly discuss five (5) examples of delictual liability in hospitality. 2.3 Injuries occur very easily and should be prevented, if at all possible, with (10) sound operational, safety and maintenance practices. Deliberate the right available for a victim who suffers personal injury. 2.4 The National Credit Act aims to stop misleading or deceptive advertising. Drawing from your own understanding, state 5 provisions that are provided by this act and discuss why it is important for a hotel manager to have a clear understanding of this act. (10) 2.5 Typically, an employment contract will provide for several issues. Briefly Discuss five (5) provisions that are covered by the contract of employment. (10) [TOTAL MARKS:100]