PVL3703 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 11 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
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Course
Law of delict
Institution
University Of South Africa (Unisa)
Book
Law of Delict
PVL3703 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 11 OCTOBER 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
QUESTION 1
Brian, a school bus driver, is involved in an accident on his way back from transporting students to their respecti...
PVL3703 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 11 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
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PVL3703
Law of delict
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 11 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
QUESTION 1
Brian, a school bus driver, is involved in an accident on his way back from transporting students to their respective
schools. His school bus swerved into the oncoming lane and collided with Thabo’s car. As a result of this accident,
Brian sustained serious head injuries and became unconscious, while Thabo’s car was left badly damaged. Brian was
subsequently hospitalised and eventually regained consciousness. However, he has no recollection of how the accident
occurred. During the treatment for his head injuries, the medical practitioners determined that Brian suffered an
epileptic fit (a seizure) at the time of the accident.
1.1 Discuss with reference to relevant authority whether Brian indeed “acted” for the purposes of the law of delict.
Restrict the scope of your answer to what is asked in the question and note in particular that the question deals with
the element of conduct. (15)
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, QUESTION 1
Brian, a school bus driver, is involved in an accident on his way back from
transporting students to their respective schools. His school bus swerved into the
oncoming lane and collided with Thabo’s car. As a result of this accident, Brian
sustained serious head injuries and became unconscious, while Thabo’s car was
left badly damaged. Brian was subsequently hospitalised and eventually regained
consciousness. However, he has no recollection of how the accident occurred.
During the treatment for his head injuries, the medical practitioners determined
that Brian suffered an epileptic fit (a seizure) at the time of the accident.
1.1 Discuss with reference to relevant authority whether Brian indeed “acted” for
the purposes of the law of delict. Restrict the scope of your answer to what is asked
in the question and note in particular that the question deals with the element of
conduct. (15)
1.1.
In terms of the law of delict, a person can only be held liable for conduct that is considered
to be a voluntary human act or omission. Conduct is the basis of liability and requires that
the act or omission must be willed and controlled by the person. In Brian's situation, he
experienced an epileptic fit while driving, resulting in the accident.
According to Neethling and Potgieter, voluntary conduct is an essential element in
establishing liability.1They argue that an act is only voluntary if it is subject to the will of
1 J. Neethling, J.M. Potgieter, and P.J. Visser, Law of Delict (seventh edition, LexisNexis South Africa, 2019).
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