Answer to Question #193374 in English for ORATILE

Question

READ THE FOLLOWING SCENARIOS AND QUESTIONS THAT FOLLOWS

JOSEPH IS ANGRY AT DAVID AND ,IN AN ACT OF BRUTAL RETALIATION ,JOSEPH KICKS DAVID'S SHEEP TO DEATH

4.1 WHICH DELICT HAS JOSEPH COMMITTED ?

4.2 IN 2021 ,UNDER MODERN SOUTH AFRICAN LAW ,DAVID IS ENTITLED TO CLAIM DAMAGED FROM JOSEPH BECAUSE OF HIS ACTIONS .IF THE SAME DEED WAS COMMITTED IN 250 BC UNDER THE ROMAN LEGAL PRINCIPLES APPLICABLE AT THE TIME OF ,WOULD DAVID HAVE BEEN ENTITLED TO CLAIM DAMAGES ?

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Answer 1

4.1 Research recommends that impetuous aggression, particularly when instigated by anger, activates the severe threat reaction structure in the brain, including the periaqueductal gray (PAG), amygdala, and hypothalamus. Uncontrolled anger may bring about physical mistreatment or violence. An individual such as Joseph, who does not control their anger, can attack anything they come across as a strategy to release their anger.

4.2 South African common law is largely the 17th and 18th-century Roman-Dutch law, transplanted to the Cape. This creates the foundation of current South African law and has mandatory power. As a result, David is entitled to claim damages even if the same deed took place in 250 BC.