PVL3703
ASSIGNMENT 1 (SEMESTER 1)
DUE 24 MARCH 2026
QUESTION 1
Discuss whether the element of conduct is satisfied in Amir’s delictual claim
against Lalita. (10)
ANSWER:
Discussion: The Element of Conduct in Amir’s Delictual Claim Against Lalita
For Amir to succeed in a delictual claim against Lalita, he must establish that all
elements of delict are satisfied. One of the primary elements is conduct, which in delict
law refers to a human act or omission that is legally attributable and can result in harm
to another (Du Plessis et al., 2020). Conduct may take the form of either an active deed
or a passive omission, depending on whether the defendant failed to act when there
was a legal duty to do so (Hassim, 2019). In this case, Lalita’s potential liability arises
from her omission rather than an active act.
The scenario indicates that Lalita observed a loose and sparking plug while boiling
water in the communal kitchen, which presented a foreseeable risk of harm. Despite
recognising this danger, she chose to leave the kitchen without rectifying the hazard or
ASSIGNMENT 1 (SEMESTER 1)
DUE 24 MARCH 2026
QUESTION 1
Discuss whether the element of conduct is satisfied in Amir’s delictual claim
against Lalita. (10)
ANSWER:
Discussion: The Element of Conduct in Amir’s Delictual Claim Against Lalita
For Amir to succeed in a delictual claim against Lalita, he must establish that all
elements of delict are satisfied. One of the primary elements is conduct, which in delict
law refers to a human act or omission that is legally attributable and can result in harm
to another (Du Plessis et al., 2020). Conduct may take the form of either an active deed
or a passive omission, depending on whether the defendant failed to act when there
was a legal duty to do so (Hassim, 2019). In this case, Lalita’s potential liability arises
from her omission rather than an active act.
The scenario indicates that Lalita observed a loose and sparking plug while boiling
water in the communal kitchen, which presented a foreseeable risk of harm. Despite
recognising this danger, she chose to leave the kitchen without rectifying the hazard or
