rephrase and summary. It is accepted that fault (culpa in a wide sense) is a general requirement for delictual liability.1

Question

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. refer to any relevant legislation and case law that may be
relevant

Answer 1

It is commonly understood that fault is a key component of delictual liability. There are differing opinions on what exactly constitutes fault, but in practice, it is generally seen as either intention or negligence. These terms refer to the level of legal blameworthiness or reprehensibility of a person's actions. While fault is subjective in that it deals with a person's attitude or mindset, the test for negligence is objective. Legislation and case law may further clarify the concept of fault in delictual liability.