P
, VL3703 Assignment 1 Semester 1 2026
whether the element of conduct is satisfied in Amir’s
delictual claim against Lalita
Introduction
In South African law, delictual liability arises when a person
suffers harm as a result of another person’s conduct that is
wrongful, negligent or intentional, and causally linked to the
harm. Amir’s potential claim against Lalita involves harm to his
person (burns) and property (his bag and the kitchen counter)
caused by a small fire originating from a loose, sparking plug. To
establish liability, Amir must prove five elements: conduct,
wrongfulness, fault, causation, and harm. This essay will
discuss whether these elements are satisfied, with particular
attention to Lalita’s behavior in the communal kitchen.
1. Conduct
The element of conduct refers to human behavior that can be
either a positive act or an omission. Lalita did not directly cause
the fire; she did not touch the kettle or manipulate the plug.
However, she omitted to take action despite noticing the plug
was loose and sparking. Omissions are actionable in delict when
there is a legal duty to act. Lalita knew of the hazard and could
reasonably foresee that another resident, such as Amir, could be
harmed if she failed to act. By leaving the kitchen without warning
him, she breached a legal duty to prevent foreseeable harm.
Therefore, Lalita’s omission constitutes actionable conduct,
satisfying the first requirement for delictual liability.
, VL3703 Assignment 1 Semester 1 2026
whether the element of conduct is satisfied in Amir’s
delictual claim against Lalita
Introduction
In South African law, delictual liability arises when a person
suffers harm as a result of another person’s conduct that is
wrongful, negligent or intentional, and causally linked to the
harm. Amir’s potential claim against Lalita involves harm to his
person (burns) and property (his bag and the kitchen counter)
caused by a small fire originating from a loose, sparking plug. To
establish liability, Amir must prove five elements: conduct,
wrongfulness, fault, causation, and harm. This essay will
discuss whether these elements are satisfied, with particular
attention to Lalita’s behavior in the communal kitchen.
1. Conduct
The element of conduct refers to human behavior that can be
either a positive act or an omission. Lalita did not directly cause
the fire; she did not touch the kettle or manipulate the plug.
However, she omitted to take action despite noticing the plug
was loose and sparking. Omissions are actionable in delict when
there is a legal duty to act. Lalita knew of the hazard and could
reasonably foresee that another resident, such as Amir, could be
harmed if she failed to act. By leaving the kitchen without warning
him, she breached a legal duty to prevent foreseeable harm.
Therefore, Lalita’s omission constitutes actionable conduct,
satisfying the first requirement for delictual liability.
