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PVL3703 MAY/JUNE EXAM MEMO 2022
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, QUESTION 1John 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)
Conduct is an act or omission committed by a human being voluntarily. This case deals with
negligence and negligence refers to the wrongdoing and carelessness of conduct by a person who
does not pay enough attention to what he is doing and fails to adhere to the legal standard of care
and attention required. The Kruger v Coetzee case established a reliable test for negligence. It is
the court's duty to place the reasonable person (also known as the bonus paterfamilias or the
diligens paterfamilias) into the position of the alleged wrongdoer / defendant and ask/ determine
whether a reasonable person would have foreseen harm, prevented it, and otherwise behaved in a
deviated manner.
Whether John would have been negligent, would therefore turn on whether a reasonable person in
his position would have foreseen and prevented the damage. As John had anticipated that not taking
his medication would lead to him having blackouts while on duty, he nonetheless chose not to take
it for the sake of preventing such occurrences and preventing any harm from happening. This
concludes that John’s conduct was negligent.
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
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