PVL3703
ASSIGNMENT 1
DUE DATE: 24 MARCH 2026
, PVL3703 ASSIGNMENT 1 MEMO 2026
DUE 24 MARCH 2026
Lalita lives in a student residence. One night, she boils water in a kettle in the
communal kitchen. While the kettle is heating, she notices that the plug is loose and
sparking slightly. However, she brushes it off and leaves the kitchen to quickly grab
her laptop from her room. As Lalita exits, she sees Amir, another resident, walking into
the kitchen carrying a bag. Lalita does not mention the sparking plug to him.
Discuss whether the element of conduct is satisfied in Amir’s delictual claim
against Lalita.
In the law of delict, conduct is one of the general requirements for delictual liability and
serves as the starting point of any delictual enquiry.¹ A person can only be held delictually
liable if their conduct forms part of the damage-causing event that results in harm to
another. Without conduct, no delict can exist.
Conduct is defined as a voluntary human act or omission.² This definition reflects the law’s
normative approach: not every physical movement or failure to act qualifies as conduct in
law. The conduct must meet specific legal requirements, namely that it must be human,
voluntary, and take the form of either an act or an omission.
¹ Van der Merwe & Olivier Delict 24
² Neethling, Potgieter & Scott Delict 17
ASSIGNMENT 1
DUE DATE: 24 MARCH 2026
, PVL3703 ASSIGNMENT 1 MEMO 2026
DUE 24 MARCH 2026
Lalita lives in a student residence. One night, she boils water in a kettle in the
communal kitchen. While the kettle is heating, she notices that the plug is loose and
sparking slightly. However, she brushes it off and leaves the kitchen to quickly grab
her laptop from her room. As Lalita exits, she sees Amir, another resident, walking into
the kitchen carrying a bag. Lalita does not mention the sparking plug to him.
Discuss whether the element of conduct is satisfied in Amir’s delictual claim
against Lalita.
In the law of delict, conduct is one of the general requirements for delictual liability and
serves as the starting point of any delictual enquiry.¹ A person can only be held delictually
liable if their conduct forms part of the damage-causing event that results in harm to
another. Without conduct, no delict can exist.
Conduct is defined as a voluntary human act or omission.² This definition reflects the law’s
normative approach: not every physical movement or failure to act qualifies as conduct in
law. The conduct must meet specific legal requirements, namely that it must be human,
voluntary, and take the form of either an act or an omission.
¹ Van der Merwe & Olivier Delict 24
² Neethling, Potgieter & Scott Delict 17
