PVL3703 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)

PVL3703 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!) QUESTION 1 John works at the control tower of the O.R. Tambo Airport. His responsibility is to regulate the movements of the aeroplanes landing and taking off. Due to a sudden sharp drop in John’s blood pressure, he loses consciousness for five minutes. During this period of unconsciousness, two aeroplanes collide because John did not give the pilots the correct instructions. Did John act for the purpose of the law of delict? Would it make a difference to your answer if John has already been under medical treatment for a diagnosed condition of low blood pressure, but failed to take his prescribed blood pressure medication when he should have done so earlier that morning? Discuss in detail with reference to authority. (15) QUESTION 2 Chad had a rape charge pending against him. While awaiting trial, he was released on bail. Anna and her mother, Beatrice, regarded Chad as dangerous and were very concerned. They requested the police and the prosecutors to ensure that Chad was kept in custody pending his trial, but their requests were unsuccessful. Soon thereafter, Chad seriously assaulted Anna. Anna now wishes to institute a delictual claim against the state, based on the alleged failure of the police and prosecutors to protect her against Chad. Discuss only, but in detail, whether the conduct of the police and prosecutors was wrongful. (25) QUESTION 3 In Le Roux v Dey 2011 3 SA 274 (CC) 315, Brand AJ stated: “In the more recent past our courts have come to recognise, however, that in the context of the law of delict: (a) the criterion of wrongfulness ultimately depends on a judicial determination of whether – assuming all the other elements of delictual liability to be present – it would be reasonable to impose liability on a defendant for the damages flowing from specific conduct; and (b) that the judicial determination of that reasonableness would in turn depend on considerations of public and legal policy in accordance with constitutional norms.” What is the importance of this excerpt for the wrongfulness criterion in the South African law of delict? Discuss critically. (10) QUESTION 4 As John drives into a filling station, he notices that some spilt petrol has caught fire. He stops, gets out of his car, and runs to the car-wash bay. He grabs hold of a bucket full of water, hurries over to the fire, and empties the bucket on it. Because burning petrol can float on water, John’s action does not extinguish the fire, but rather displaces it to a spot directly under Tom’s car. Tom has a powder-based fire extinguisher in the boot of his car. He gets it out and manages to extinguish the fire. However, his car is extensively damaged already. Tom wishes to institute a delictual claim against John. Discuss only, but in detail, whether there was fault on John’s part. (10) QUESTION 5 The principal of the Bright Future High School has decided to have trees planted on a playground where the energetic schoolboys play every day. To protect the young trees, circles of thin iron poles are driven into the ground surrounding the plants. During the first break, Tim, one of the boys in grade twelve, tries to sit on one of these poles. His friends warn him that the pole is too thin and has a too sharp tip, but he nonetheless tries to sit on it. The pole penetrates his buttocks and causes a serious injury. Tim’s parents institute a delictual action against the Bright Future High School for its omission to guard against the poles injuring the schoolboys. If the management of the school concedes that the omission was wrongful, what defence can the school nonetheless raise and what will the effect of a successful reliance on that defence be? Discuss in detail. (15) QUESTION 6 Rob is so offended by Roy’s speech at a political rally, that he throws an apple at Roy. Roy falls off the podium and breaks an arm and two ribs. He is admitted to hospital. While he is being treated there, a nurse leaves the windows of the ward open and Roy contracts pneumonia. Was there a legal causal link between Rob’s conduct and Roy’s pneumonia? Discuss in detail. (15) QUESTION 7 7.1 Briefly explain what is meant by “mitigation of loss”. (2) 7.2 List three specific forms of iniuria. (3) 7.3 Brad’s dog bit Cecile. Brad was in no way negligent in respect of Cecile’s injuries. Name the delictual action that may still be available to Cecile, and list four requirements for a successful reliance on the said action. TOTAL PAPER: [100] (5)