PVL3703 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 11 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)

PVL3703 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 11 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!) QUESTION 1 Brian, a school bus driver, is involved in an accident on his way back from transporting students to their respective schools. His school bus swerved into the oncoming lane and collided with Thabo’s car. As a result of this accident, Brian sustained serious head injuries and became unconscious, while Thabo’s car was left badly damaged. Brian was subsequently hospitalised and eventually regained consciousness. However, he has no recollection of how the accident occurred. During the treatment for his head injuries, the medical practitioners determined that Brian suffered an epileptic fit (a seizure) at the time of the accident. 1.1 Discuss with reference to relevant authority whether Brian indeed “acted” for the purposes of the law of delict. Restrict the scope of your answer to what is asked in the question and note in particular that the question deals with the element of conduct. (15) CONFIDENTIAL Page8of9 1.2 Would your answer in Question 1.1 be different if Brian had been receiving treatment for epilepsy before the accident, but had failed to take his medicine for several days before the accident took place? Discuss. (5) QUESTION 2 Adam is a smoker who regularly smokes when stressed. After a particularly stressful day at work, Adam is eager to leave and drive home. On his way home, he stops at the petrol station to refuel his car. After being assisted and paying for the fuel, Adam drives away with his driver-side window down and lights a cigarette while he was still on the petrol station premises, despite numerous signages warning against smoking on the petrol station premises. A gust of wind blows the lit cigarette out of his mouth, igniting the petroleum fumes emitted from a refuelling car’s petrol tank adjacent to the pump where Adam had just filled up his tank. Graham, the petrol attendant at the adjacent pump, suffers severe third-degree burns to his hand and arm due to the ignited petrol fumes. A certified fire investigator finds that the lit cigarette had, in fact, ignited the petroleum fumes that had severely burnt Graham’s hand and arm, as petroleum vapour is highly flammable in the presence of oxygen. The fire investigator considers Graham lucky to be alive as the lack of oxygen within the vehicle’s petrol tank he had attended to could have resulted in a fatal explosion. With reference to case law, discuss how the court will determine wrongfulness. (25) QUESTION 3 Nandipha is a 34-year-old engineer who is currently engaged in a demanding project at her firm. Although she is ill and needs to consult a doctor, she does not want to be absent from work or delay the project. Nandipha decides to go to the pharmacy to buy over-the-counter medication to treat her symptoms so that she can finish the project. The pharmacist provides her with medication but warns her that it may cause drowsiness. Nandipha acknowledges this, takes the medication, and believes she will be able to carry on with her work. However, as she drives back to work, she starts feeling drowsy, swerves into the oncoming lane and collides head-on with Gabriel’s car. Gabriel’s car is damaged beyond repair as a result of the accident. Discuss whether Nandipha may be held “accountable” and whether “fault” may be attributed to her conduct. In your answer focus on the element of fault and do not discuss the element of “conduct”. (30) PVL3703 OCT/NOV 2024 QUESTION 4 CONFIDENTIAL Page9of9 Zola fell on an uneven pavement while jogging on a public road in the Buffalo City Metropolitan Municipality. As a result, she sustained serious knee injuries and was later admitted to the hospital. After her admission, Zola tripped and broke her right hand in the hospital ward. With reference to authority, discuss whether the alleged wrongful conduct (failure to maintain the pavement) of Buffalo City Metropolitan Municipality was the factual and legal cause of Zola’s injuries. (25) PVL3703 OCT/NOV 2024 TOTAL PAPER: [100]