rephrase and summary. It is accepted that fault (culpa in a wide sense) is a general requirement for delictual liability.1
There are divergent views on the true nature of fault.2 In practice, two main forms of fault are
recognised: intention (dolus) and negligence (culpa in the narrow sense).3 These terms generally
refer to the legal blameworthiness or the reprehensible state of mind or conduct4 of someone
who has acted wrongfully. In a sense, fault is a subjective element of a delict, because it is
concerned to a large extent with a person’s attitude or disposition. Nevertheless, as will be
apparent, the test for negligence is objective in nature
1 answer
It is generally agreed that fault is a necessary requirement for liability in delictual cases. There are varying opinions on what exactly constitutes fault, with intention and negligence being the two main forms recognized. Intention refers to a deliberate wrongful act, while negligence involves a lack of reasonable care. Fault involves the blameworthiness or reprehensible state of mind of the wrongdoer. While fault is subjective in nature, negligence is assessed objectively.