UNIVERSITY EXAMINATIONS

May/June 2022

PVL3703

Law of Delict

Unique number: 222256

24 MAY 2022
08H00-11h00 (3 Hours)
100 Marks

First examiner: Prof JC Knobel; Prof M Mokotong

Second examiner: Prof CJ Pretorius

This paper consists of four (4) pages.

This is a closed-book examination

INSTRUCTIONS FOR A TAKE-HOME EXAM

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE

EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of eight (8) questions. Answer ALL the questions.

3. The duration of the examination is from 08h00 - 11h00 (3 hours).

4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person, or any source in order to assist you to answer any of the
questions contained in this question paper. While the examination is in progress, you are not
allowed to assist another student in answering any of the questions for this examination.

5. You must tick the Honesty Declaration before submitting this examination.

6. Your answers must be submitted online in Pdf format. You have until 12h00 to upload your
answers. No other type of submission of your examination answers will be accepted. Emailed
submissions will not be accepted for marking.

7. Please note that the Invigilator App will apply during the examination.

QUESTION 1

John works in the control tower at the Takeflight Airport. He suffers from a rare disease
that causes unexpected blackouts. However, he is on prescription medicine that
effectively eliminates the possibility of the blackouts. On one particular day, he does
not take his medicine. In the control tower, he has a blackout and is unable to give the
necessary instructions to departing and arriving aircraft. A catastrophic aeroplane
accident takes place during his blackout because no instructions were forthcoming. A
potential plaintiff approaches you for a legal opinion.

Write an opinion on the question whether John’s behaviour qualified as conduct for
the purpose of delictual liability. (10)

QUESTION 2

At the Shop-Till-You-Drop Shopping Mall, hand sanitizer dispensers have been

installed at all the pedestrian entrances. Notices have been placed near the
dispensers, in which customers are urged to sanitize their hands at the dispensers
before entering the mall. At Entrance B, the dispenser has been malfunctioning for half
a week. It spills sanitising liquid onto the floor, in such large quantities that the liquid
does not evaporate immediately, but forms a small puddle around the base of the
dispenser. Because the lighting at Entrance B is rather on the dim side, the puddle is
not readily visible unless one specifically looks out for it. The management of the mall
is aware of this situation, but does not do anything about it. Ms C is an elderly lady
whose eyesight is not very good, and she is not particularly steady on her legs, but
she loves shopping. She arrives at entrance B, reads the notice, and proceeds to
sanitize her hands. This requires her to put her one foot on a pedal and push down on
it to activate the dispenser. As she attempts to do this, she slips in the puddle and falls.
She sustains serious injuries and is hospitalised. After a long and costly bout in
hospital, she is discharged. Ms C wishes to institute an action for damages against the
management of the Shop-Till-You-Drop Shopping Mall, and approaches you for legal
advice.

Write an opinion, properly substantiated with reference to case law, only on

the wrongfulness of the conduct of the management of the Shop-Till-You-Drop
Shopping Mall. (30)
QUESTION 3

Mike hires a mountain bike from the Steadywheels Mountain Bike Park and goes for
a ride on one of the mountain bike trails in the Park. Even though Mike’s safety helmet
is in the boot of his car, he neglects to put on his helmet before he goes for the ride.
Along a steep part of the trail, the front wheel of the rental bike suddenly comes off.
Mike falls and sustains serious injuries. It transpires that David, an employee of
Steadywheels, had not fastened the front wheel of the bike properly when he had
serviced it. In addition, it transpires that Mike’s injuries would have been substantially
less serious if he had worn his helmet. Mike wants to institute a delictual claim against
Steadywheels.

Write a properly substantiated opinion on the feasibility of such a claim: (a) You may
accept that Steadywheels will argue that there was no fault on its part and will not
contest the other elements of delictual liability. (b) In addition, you should also consider
whether any defence is available to Steadywheels and what the effect of such a
defence, if available, would be. (c) Furthermore, you should give an opinion on the fact
that Mike’s claim will be instituted against Steadywheels, rather than David. (30)

QUESTION 4

Tom inadvertently knocks over a ladder on which William is standing while painting a
wall. William falls and breaks a leg. In the hospital, the leg is set in plaster, William is
issued with crutches, and is discharged. At home, William slips with the crutches and
falls again, breaking an arm.

Discuss only the following: (a) whether there is a factual causal link between Tom’s
conduct and William’s broken arm; and (b) whether there is a legal causal link between
Tom’s conduct and William’s broken arm. (15)

QUESTION 5

Jenna asks Connie to look after her dog while she is away on vacation. Connie takes
the dog for a walk in the park. She orders the dog, which is well-trained, to bite Ben,
against whom she bears a grudge. The dog immediately attacks Ben. Ben hits the dog
over the head with a baseball bat, killing the dog. On returning from her vacation,
Jenna institutes a claim for damages against Ben. Ben does some internet research,
but he is not sure whether to rely on private defence or necessity.

Which one of these two grounds of justification would you recommend to Ben, and
why? (5)
QUESTION 6

Jane’s dog bit Carol, inflicting serious injuries. Jane was not negligent in any way.
Name the action with which Carol can claim damages from Jane, and list the
requirements to succeed with this action. (5)

QUESTION 7

Name 3 grounds of justification that are applicable in defamation law. (3)

QUESTION 8

Defamation is a specific form of iniuria. Name 2 other forms of iniuria. (2)

TOTAL PAPER: [100]

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