, PVL3703 Assignment 1 (COMPLETE ANSWERS) Semester
2 2025 – DUE August 2025; 100% correct solutions and
explanations.
To determine whether Tumelo acted for the purposes of the law of
delict, we must examine the element of conduct, which is one of the
five elements required to establish a delictual claim (the others being
wrongfulness, fault, causation, and harm). This response will provide a
structured and detailed analysis of the element of conduct, with specific
reference to case law and legal principles relevant under South African
delictual law.
1. Understanding the Element of Conduct in Delict
In delict, conduct refers to a voluntary human act or omission. For
conduct to be legally recognised, it must be intentional (conscious) or
negligent, and it must result in harm. The act or omission must be
capable of being controlled by the will of the actor.
South African law generally follows the principle that for a delict to
arise, there must be a voluntary act. If the action was involuntary, such
as that of a person experiencing an epileptic seizure or sleepwalking, the
person may not be held delictually liable, as the conduct does not meet
the threshold of a voluntary act.
2. Was Tumelo’s Conduct Voluntary?
Tumelo injured Mandla while sleepwalking, a condition that inherently
involves unconscious and involuntary movement. Sleepwalking (also
called somnambulism) is typically considered a state of automatism,
where the person is not in control of their actions and has no awareness
of their conduct.
2 2025 – DUE August 2025; 100% correct solutions and
explanations.
To determine whether Tumelo acted for the purposes of the law of
delict, we must examine the element of conduct, which is one of the
five elements required to establish a delictual claim (the others being
wrongfulness, fault, causation, and harm). This response will provide a
structured and detailed analysis of the element of conduct, with specific
reference to case law and legal principles relevant under South African
delictual law.
1. Understanding the Element of Conduct in Delict
In delict, conduct refers to a voluntary human act or omission. For
conduct to be legally recognised, it must be intentional (conscious) or
negligent, and it must result in harm. The act or omission must be
capable of being controlled by the will of the actor.
South African law generally follows the principle that for a delict to
arise, there must be a voluntary act. If the action was involuntary, such
as that of a person experiencing an epileptic seizure or sleepwalking, the
person may not be held delictually liable, as the conduct does not meet
the threshold of a voluntary act.
2. Was Tumelo’s Conduct Voluntary?
Tumelo injured Mandla while sleepwalking, a condition that inherently
involves unconscious and involuntary movement. Sleepwalking (also
called somnambulism) is typically considered a state of automatism,
where the person is not in control of their actions and has no awareness
of their conduct.
