Cable thieves have been busy with attempts to steal electrical cables overnight on the outskirts of Tshwane. As a result of their illegal activities, a live electrical cable is hanging low over a public road. While driving towards his workplace, Mr Ngwenya, who lives on a smallholding outside Tshwane, sees the low-hanging cable. As a concerned and responsible citizen, Mr Ngwenya immediately reports it to ESKOM, explaining to the ESKOM officials that the low-hanging cable is creating an extremely hazardous situation. However, ESKOM does nothing to eliminate the danger. Late that afternoon, Mr Naidoo, a physically fit man, but with poor eyesight, jogs along the road. His head hits the low-hanging electrical cable, and he sustains severe injuries. Mr Naidoo wishes to institute a delictual action against ESKOM.
Write an opinion, properly substantiated with reference to case law, only on the wrongfulness of the conduct of the ESKOM official
Answers
A delict happens when one party commits a incorrect towards another. The fundamental factors of delict are conduct, wrongfulness, fault, causation and damage. Wrongfulness or unlawfulness: conduct which is objectively unreasonable and barring lawful justification.
How do you decide wrongfulness?The criterion of wrongfulness in the end depends on a judicial determination of whether, assuming all the other elements of delictual legal responsibility are present, it would be practical to impose liability on a defendant for the damages flowing from precise conduct.
Van der Walt and Midgley (Delict 145 fn 4) refer to these three cases as nicely as Lampert v Hefer (supra), as situations where the defence of volenti non suit iniuria has been successfully raised (since 1928).
Learn more about wrongfulness here:
https://brainly.com/question/6203610#SPJ1Related Questions
Which is the committee formed by the US Attorney General in 1981
The US Attorney General formed the ___________________ coordinating committee (LECC) in 1981 to faculae cooperation and coordination across law-enforcement agencies at all levels
Answers
Explanation:
The law enforcement coordinating committee
hope it helps please mark as brainliest
Which act requires financial institutions to explain To customers how they gather information with whom they share it and what measures they take to safeguard it
Answers
Answer:
Financial literacy as essential equipment to secure hacking and theft practices
Explanation:
Some of the measures to be taken are there should be the introduction of the use of ATM cards and allied stuffs in connection to financial matters for every individual
Your first big case is a multiple murder.As defense attorney for Sy Kopath, you have come to the realization that he really did break into a couple's home and torture and kill them in the course of robbing them of jewelry and other valuables. He has even confessed to you that he did it. However, you are also aware that the police did not read him his Miranda warning and that he was coerced into giving a confession without your presence. What should you do? Would your answer be different if you believed that he was innocent or didn't know for sure either way?
Answers
Answer: ok he did it
Explanation:The reason is because 1+1 is 2 - 1 thats 3 quick maths.
no no no no no nooo no nooooooooooooooooooooooooooooooooooooooooooooooooooooooo
Answers
Answer:
no
Explanation:
in a criminal trial the prosecutor called a witness to the stand to authenticate the voice in a tape recording as the defendant's. the only other time the witness had heard the defendant's voice was after his arrest. assuming a proper foundation has been laid, may the witness properly authenticate the defendant's voice? group of answer choices
Answers
Yes, as the witness is now accustomed to the voice of the defendant.
In a trial, may the witness properly authenticate the defendant's voice?
The witness can accurately confirm it because she is familiar with the defendant's voice at this point. Anybody who is familiar with the voice of the purported speaker may verify a voice recording by identifying the speaker. As a result, the witness can comment on whether the voice on the video is actually that of the defendant because she is now accustomed to hearing it.
As circumstantial evidence, the accused's actions either before or after the crime are extremely important. The circumstantial evidence in front of the court allows it to deduce facts and draw a conclusion.
Expert testimony is only appropriate in cases where the trier of fact would benefit from the expert's knowledge in order to appreciate the evidence or determine the fact at issue.
To know more about circumstantial evidence, visit:
https://brainly.com/question/14263276
#SPJ4
What is one responsibility of the executive branch of government?
A. to make the laws
B. to judge the laws
C. to enforce the laws
D. to interpret the laws
Answers
Who filed a 1966 supreme court case because he was arrested and interrogated without being told of his rights?.
Answers
Which of the following would NOT be considered a civic responsibility?
A.
voting
B.
serving on a committee
C.
obeying the law
D.
volunteering
Please select the best answer from the choices provided
A
B
C
D
Answers
Answer:
C. Obeying the law
Explanation:
A civic responsibility is something you should do to be a good citizen, meaning you should do them but you don't have to. Obeying the law on a other hand, is something you HAVE to do or you get punished. Hope this helps!
The cut edges of a board show abrasion marks.
O True
O False
Answers
the cut edges of a biaf show abrasion Mark's I'm pretty sure it is true
Answer:
False
Explanation:
it wouldn't cut edges of a board show abrasion marks..
Which statement would the author of the passage most
likely agree with?
Passage:
3. The Patriot Act updated the law to reflect new technologies and new threats. The Act brought the law up to date with current technology, so we no longer have to fight a digital-age battle with antique weapons-legal authorities leftover from the era of rotary telephones. When investigating the murder of Wall Street Journal reporter Daniel Pearl, for example, law enforcement used one of the Act's new
authorities to use high-tech means to identify and locate
some of the killers.
-"The USA PATRIOT Act:
Preserving Life and Liberty,"
Department of Justice
✓ The Patriot Act is essential to the United States'
efforts to combat terrorism.
O The Patriot Act is essential to the United States'
efforts to combat war.
O The Patriot Act is needed to help the United States
protect privacy rights.
O The Patriot Act is needed to help the United States
protect suspects' rights.
A is the correct answer! :)
Answers
Answer:
THANK YOU IF IT IS "A"....<3333
Explanation:
According to the passage, the correct option is A. The Patriot Act is essential to the United States' efforts to combat terrorism.
The passage states that the Patriot Act updated the law to reflect new technologies and new threats. The Act was reportedly used to look into the killing of Wall Street Journal writer Daniel Pearl, according to the document. This implies that the Patriot Act is a powerful weapon in the battle against terrorism in the author's eyes.
Therefore, the author of the passage would most likely agree with the statement that the Patriot Act is essential to the United States' efforts to combat terrorism. Hence, Option A. is correct.
Learn more about the Patriot Act, here:
https://brainly.com/question/11306077
#SPJ5
parties to a contract can limit or exclude consequential damages, provided the limitation is not unconscionable.
Answers
Yes, parties to a contract can indeed limit or exclude consequential damages, as long as the limitation is not considered unconscionable.
Consequential damages are a type of damages that arise as a result of the consequences, or secondary effects, of a breach of contract. These damages are typically indirect and not directly caused by the breach itself, but rather by the impact of the breach on the non-breaching party.
In contractual agreements, it is common for parties to include clauses that limit or exclude consequential damages. By doing so, they seek to define the extent of their liability and protect themselves from potential extensive or unforeseen damages resulting from a breach of contract.
However, there are limitations to this ability. Contract law imposes a requirement of reasonableness, fairness, and good faith in the terms of the contract. If a limitation or exclusion of consequential damages is deemed to be unconscionable, meaning it is excessively one-sided or unfairly favors one party over the other, it may be unenforceable.
The determination of whether a limitation or exclusion of consequential damages is unconscionable will depend on the specific circumstances, the nature of the contract, and the applicable laws of the jurisdiction. Courts will consider factors such as the parties' relative bargaining power, the clarity of the contractual terms, and whether the limitation or exclusion was made known and understood by the parties at the time of contract formation.
Learn more about contractual agreements here:
https://brainly.com/question/31080037
#SPJ11
parties to a contract can limit or exclude consequential damages, provided the limitation is not unconscionable. Yes or No.
Discuss your understanding on “Operation Vala” and explain why it is important to deal effectively with the family of inmates when special security campaigns is launched.
Answers
“Operation Vala” serves as a measure that was put in place at the country's 243 correctional centres, to prevent assault and this also protect the inmates.
What is Operation Vala” all about?The main aim of Operation Vala, is for security purposes, it was an annual DCS campaign.
It was put in place to tighten security measures within the country's 243 correctional centres and to prevent festive-season related escapes and assaults.
Learn more about operation Vala at,:
https://brainly.com/question/2475734
Which of the following is NOT" one of the four commonly recognized objectives in the interrogation process? Select one : A To obtain a confession O B. To identify the innocent C. To eliminate the innocent D. To obtain valuable facts
Answers
The one of the following that is NOT" one of the four commonly recognized objectives in the interrogation process is option B. To identify the innocent.
What are the commonly recognized objectives?The four commonly recognized objectives in the interrogation process are:
A. To obtain a confession
B. To obtain valuable facts
C. To eliminate the innocent
D. To identify the guilty
The objective of identifying the innocent is not typically part of the interrogation process, as the focus is usually on identifying the guilty party. However, it is important for investigators to consider the possibility of the suspect being innocent and to conduct a thorough investigation to rule out other potential suspects.
learn more about interrogation: https://brainly.com/question/18088489
#SPJ1
Which of the following means of dissent is against the law?
A.
threatening the life of a leader
B.
writing to a government representative
C.
participating in a peaceful protest
D.
signing a petition for change
Answers
A) threatening the life of a leader
To write to a government representative is encouraged if the matter is of importance. This is done by those who are trying to argue a point, for example people protesting a new law or company. This is perfectly legal.
The right to peaceful assembly or protests is protected under the First Amendment. This is legal.
Signing a petition is also perfectly legal, as no physical harm is involved to another person.
I hope this helps! :)
Answer:
A
Explanation:
Threatening the life of a leader is illegal
The law that holds the medical professional not legally liable when rendering first aid in an emergency situation is called_________.
Answers
The law that holds the medical professional not legally liable when rendering first aid in an emergency situation is called Good Samaritan laws.
Good Samaritan laws are based on the notion that it is in the interests of "public policy" that those who voluntarily provide care and rescue in an emergency be exempt from liability.
What does good Samaritan mean in law?A good Samaritan is defined by law as someone who helps an injured or ill person in need. A good Samaritan can typically assist a victim who is unconscious or unresponsive on the basis of implied consent.Whenever possible, get the sick or injured person's permission.An appropriate (non-reckless) level of care was provided.The person who was injured was NOT the one who was covered by good samaritan laws.Due to the emergency nature of the situation and the lack of trained assistance, care was being provided.In general, when bystanders observe someone in need of assistance or needing to be protected from harm, they are not legally required to intervene. Only after one person begins to assist another does the Good Samaritan law take effect. Once you have helped,.Good Samaritan laws are based on the notion that it is in the interests of "public policy" that those who voluntarily provide care and rescue in an emergency be exempt from liability.To learn more about : Good Samaritan laws
Ref : https://brainly.com/question/13160856
#SPJ4
100 POINTS HELP FAST!!!!!!
Incarceration is also known as
A. imprisonment
B. the death penalty
C. parole
D. probation
Answers
Answer:
a
Explanation:
What is the effect of fines on companies who are found guilty of price fixing? They take a huge financial hit, deterring them from repeating the crime. The fine they pay is much less than the profit they made from their crime. They must refund all the money they made from their crime. The fine is a penalty that causes most of them to go out of business
Answers
Option A: The effect of fines on companies who are found guilty of price fixing is that they suffer a severe financial loss, which discourages them from doing the offense again.
Companies that are found guilty of price fixing can face severe financial consequences as a result of fines, which can act as a strong deterrence to such offenses in the future.
Depending on the seriousness of the offense and the size of the organization implicated, these fines may reach millions or even billions of dollars. The notion is that the fine must be severe enough to deter the corporation from repeating the same anticompetitive behavior.
The objective is to deter the corporation from participating in unlawful acts that hurt customers and other businesses rather than forcing them out of business.
Learn more about price fixing at
https://brainly.com/question/13062335
#SPJ4
The question is -
What is the effect of fines on companies who are found guilty of price fixing?
a. They take a huge financial hit, deterring them from repeating the crime.
b. The fine they pay is much less than the profit they made from their crime.
c. They must refund all the money they made from their crime.
d. The fine is a penalty that causes most of them to go out of business.
In what situations would a court be likely to award a quasi-contract?.
Answers
There are two situations at which a court likely to award a quasi contract .
When the unjust enrichment is a relatively insignificant amount of moneyIf the defendant was unjustly enriched and played a part in deceiving the plaintiffA quasi-contract is a retroactive agreement between two parties without any prior obligation to each other. It is created by judges to fix situations where one party gets something at the expense of the other party.
The purpose of a quasi-contract is to achieve a fair result in situations where one party has an advantage over the other. The defendant, the party that acquired the property, must pay the plaintiff, the damaged party, a refund to cover the value of the goods.
A quasi-contract is also called an implied
contract.
Considering the example above, the person who ordered and paid for the pizza has every right to claim payment from the person who actually received the pizza. The former is the plaintiff and the latter is the defendant.
Under the jurisdiction of common law, quasi-contracts arose in the Middle Ages under the form of an act known in Latin as indebitatus assumpsit.
This rule of law was the court's way of making one party pay the other as if a contract agreement already existed between the parties. To learn more about qucsi contract, refer :
https://brainly.com/question/984979
#SPJ4
11. Write a short story of a fictitious crime and describe how soil evidence
helped link a suspect to the crime scene or victim.
12. Describe physical characteristics of soil that could heln distinguish
Answers
Answer:
Here is the short story:
The blood spilled on the floor and led to the greasy and spilled oil can on the other side of the garage. Mr. Link was just murdered, the knife was gone, however. I questioned 3 suspects. Mark said he was making some noodles for lunch, and didn't hear anything over the loud music. Scarlett said she was listening to stray kid's new hit, "oddinary". Melanie said she was playing with Mr. Link's son, Randy, and she heard a scream. She thought it might be Scarlett's music. "What were you doing," Mark asked. "I was at work and came out to find this. I looked at Mark. "Show me the kitchen." The kitchen was clean, and the noodles were ready and hot. "When were you making this?" I asked. "Oh, around 11:00." I looked at the time. It was 2:00. I dialed 911. "Say hi to jail," I said.
Explanation:
The evidence was the time. It was 11:00 when he made it, and 2:00 when he was done, and his noodles were still hot, which means that he must've lied about the time in order to trip him off. The scream was Mr. Link, and the music drained it all out for Scarlett.
why are the supreme court cases of brown v. board of education and mendez v. westminster important to education in the united states?
Answers
The case Mendez v. Westminster was a case that challenged racial segregation in the education systems in the United States of America. The petitioners had challenged that the children of Mexican ancestry were being forced into attending a different school based on their race.
Brown V. Board of Education was a case similar to the Mendez case, and here the Supreme Court cited Mendez v. Westminster by saying that any kind of discrimination amongst students is unconstitutional and will not come under the the legal doctrine 'separate education facilities are inherently unequal'.
These two landmark cases are important in the United States of America because they put an end to the racial segregation in the education system by calling it unconstitutional.
To know more about racial segregation
https://brainly.com/question/10466242?referrer=searchResults
#SPJ4
Which conflict would most likely be settled by law rather than ethics?
Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.
Answers
The conflict that would most likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.
What is conflict?Conflict can be defined as a form of disagreement that occur between two or more people. Conflict is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .
The case that may be settle by the court of law is when a person damage or destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage which will be settle by the jury and if found guilty the person must pay for the damage.
Therefore the correct option is D.
Learn more about conflict here: https://brainly.com/question/25668660
#SPJ1
Answer:
A driver damages another car in a grocery store parking lot.
Explanation:
Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.
What source of Arizona real estate law consists of codified regulations that carry the force of the law without being laws themselves
Answers
Arizona Administrative Code is the source of Arizona real estate law consists of codified regulations that carry the force of the law without being laws themselves.
Arizona real estate law is a compendium consisting of Arizona state constitution, Arizona revised statutes and Arizona administrative code. It is published for the convenience of real estate licenses and public.
Arizona Administrative Code is the official publication of Arizona's codified rules published by Administrative Rules Division.
The state agencies, boards and commissions, are given rule making authority by the state legislature in Arizona Administrative. It consists of regulations that carry the force of laws without being laws themselves.
To learn more about Arizona real estate law here
https://brainly.com/question/4116996
#SPJ4
What does the PEN model stand for?
Answers
distinguish social behavior and legal behavior for example
Answers
Answer:
What is the difference between ethical behavior and legal behavior?
The distinction is important. Actions are 'legal' if they do not violate the laws or codes of the local government, state, or federal government. ... A formally adopted code of ethics is a legal requirement; when you violate a state or local government code of ethics there are specific consequences.
Explanation:
Elevate the following scenarios and determine which represents micha’s highest liability
Answers
This question is incomplete. The full question is:
Elevate the following scenarios and determine which represents micha’s highest liability
A. Rose is lost and pulls her car into Micha's driveway for a moment to get her bearings. B. Oscar is a twelve-year-old neighbor of Micha's who has snuck into Micha's backyard to swim in his pool. C. Juanita is a customer having a latte in the coffee shop Micha owns and operates. D. Ron is Micha's friend whom Micha has invited to his home to watch the Super Bowl.
Answer:
C. Juanita is a customer having a latte in the coffee shop Micha owns and operates.
Explanation:
Micha is responsible for all the people in her cafeteria, as well as being responsible for the food security of her customers. For this reason, we can say that when Juanita enters Micha's cafeteria, she consumes her products, she becomes Micha's responsibility. The other scenarios shown in the question, do not have the direct responsibility of Micha, or do not require any responsibility from her, but from third parties.
these laws were intended to counter what the federalists perceived as a growing threat to the peace and safety of the united states
Answers
Alien and Sedition Acts these laws were intended to counter what the federalists perceived as a growing threat to the peace and safety of the united states.
What are Alien and Sedition Acts?
Four statutes known as the "Alien and Sedition Acts" were passed in 1798 and imposed limitations on American immigration and free expression. The Sedition Act made defamatory and hostile words against the federal government a crime, while the Alien Enemies Act provided the president extra authority to jail non-citizens during times of war. The Naturalization Act further strengthened the conditions for obtaining citizenship. The Sedition Act and Alien Friends Act came to an end after a certain period of time, while the Naturalization Act was abolished in 1802. It is still legal to possess aliens as enemies. The Sedition and Alien Acts generated debate.
To know more about Alien and Sedition Acts:
brainly.com/question/29775367
#SPJ4
Modern statutes have eliminated the requirement that the arson must be directed at the
dwelling of another.
True
False
Answers
The statement is false as modern statutes still typically require that arson be directed at the dwelling of another.
Modern statutes in many jurisdictions still specify that the target of the arson must be another person's home. The intentional setting of fire to another person's property, specifically a house or other building is known as arson. The requirement emphasizes the seriousness of intentionally setting fire to another person's home or building and serves to distinguish arson from other fire related offenses.
The law aims to safeguard people's homes and the security of the people who live in them by focusing on dwellings. Although specific components of arson laws may vary from jurisdiction to jurisdiction, the general requirement of aiming for another person's home continues to be a prevalent element in contemporary statutes.
learn more about Modern statutes here
brainly.com/question/32108502
#SPJ2
By law, all apartment buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove: Group of answer choices injury and causation. a breach of that duty. that the law exists. a duty existed toward her.
Answers
Answer:
The answer is "A". Injury and Causation.
Explanation:
The first law requiring food labels to contain nutrition information was passed in 2000. True or false?.
Answers
Answer:
the answer is false because
Explanation:
it was passed in 1973
Which of the following is the lowest category for an offense resulting in the death of another person?
- Manslaughter
- Murder
- Capital murder
- Criminally negligent homicide
Answers
Answer:
Criminally negligent Homicide
Hope this helps
Explanation: