PVL3703
ASSIGNMENT 1
DUE DATE: 7 APRIL 2025
, PVL3703
Law of delict
Semester 1 of 2025
Assessment 1
Lethabo suffers from epileptic fits. His doctor has prescribed him medication to
control the onset of the epileptic fits. On one morning, while lethabo is driving a
forklift in the warehouse where he works, he suffers an epileptic fit and the
forklift veers into his co-worker zanele, injuring her. It transpired that lethabo
had not taken his medication prescribed by the doctor that morning. zanele
sustained bodily injuries and was hospitalised. zanele would like to institute a
delictual action against lethabo. Discuss with reference to relevant authority
whether lethabo indeed acted for the purposes of the law of delict. Restrict the
scope of your answer to the element of conduct.
According to the South African law of delict, liability is determined by five essential
elements- conduct, wrongfulness, fault, causation, and damage. For Zanele to succeed
in her delictual action against Lethabo, she must prove that his conduct meets the legal
requirements of a delict. This discussion focuses specifically on the element of conduct
and whether Lethabo’s actions satisfy this requirement.
To determine whether Lethabo "acted" for delictual purposes, the element of conduct:
Conduct in delict requires a voluntary human act or omission (Neethling & Potgieter,
Law of Delict 8th ed, 2020). The critical issue is whether Lethabo’s failure to take his
epilepsy medication (an omission) and subsequent seizure constitute "conduct" under
delictual principles. We distinguish between involuntary acts and culpable omissions,
as well as assessing whether a legal duty existed to act.
ASSIGNMENT 1
DUE DATE: 7 APRIL 2025
, PVL3703
Law of delict
Semester 1 of 2025
Assessment 1
Lethabo suffers from epileptic fits. His doctor has prescribed him medication to
control the onset of the epileptic fits. On one morning, while lethabo is driving a
forklift in the warehouse where he works, he suffers an epileptic fit and the
forklift veers into his co-worker zanele, injuring her. It transpired that lethabo
had not taken his medication prescribed by the doctor that morning. zanele
sustained bodily injuries and was hospitalised. zanele would like to institute a
delictual action against lethabo. Discuss with reference to relevant authority
whether lethabo indeed acted for the purposes of the law of delict. Restrict the
scope of your answer to the element of conduct.
According to the South African law of delict, liability is determined by five essential
elements- conduct, wrongfulness, fault, causation, and damage. For Zanele to succeed
in her delictual action against Lethabo, she must prove that his conduct meets the legal
requirements of a delict. This discussion focuses specifically on the element of conduct
and whether Lethabo’s actions satisfy this requirement.
To determine whether Lethabo "acted" for delictual purposes, the element of conduct:
Conduct in delict requires a voluntary human act or omission (Neethling & Potgieter,
Law of Delict 8th ed, 2020). The critical issue is whether Lethabo’s failure to take his
epilepsy medication (an omission) and subsequent seizure constitute "conduct" under
delictual principles. We distinguish between involuntary acts and culpable omissions,
as well as assessing whether a legal duty existed to act.
