PVL3703
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
PREVIEW:
QUESTION 1
In order for Zanele to successfully institute a delictual action against Lethabo, she must prove all five
elements of delict: (1) conduct, (2) wrongfulness, (3) fault, (4) causation, and (5) harm. Since the scope
of the question is restricted to the element of conduct, the primary issue is whether Lethabo’s actions
constitute conduct in terms of the law of delict.
1. The Requirement of Conduct in Delict
In South African law, conduct refers to a voluntary human act or omission that causes harm. For
liability to arise, the conduct must be both voluntary and capable of being controlled by the actor’s
will. If an action occurs involuntarily—such as a reflex movement or an act performed while
unconscious—it may not be regarded as conduct for the purposes of delict.
2. Application to Lethabo’s Case
Lethabo suffered an epileptic fit while driving the forklift, which resulted in Zanele’s injury. The key
issue is whether his actions qualify as voluntary conduct or if the epileptic seizure rendered his actions
involuntary
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
PREVIEW:
QUESTION 1
In order for Zanele to successfully institute a delictual action against Lethabo, she must prove all five
elements of delict: (1) conduct, (2) wrongfulness, (3) fault, (4) causation, and (5) harm. Since the scope
of the question is restricted to the element of conduct, the primary issue is whether Lethabo’s actions
constitute conduct in terms of the law of delict.
1. The Requirement of Conduct in Delict
In South African law, conduct refers to a voluntary human act or omission that causes harm. For
liability to arise, the conduct must be both voluntary and capable of being controlled by the actor’s
will. If an action occurs involuntarily—such as a reflex movement or an act performed while
unconscious—it may not be regarded as conduct for the purposes of delict.
2. Application to Lethabo’s Case
Lethabo suffered an epileptic fit while driving the forklift, which resulted in Zanele’s injury. The key
issue is whether his actions qualify as voluntary conduct or if the epileptic seizure rendered his actions
involuntary
Disclaimer:
The materials provided are intended for educational and informational purposes only. They should not be
submitted as original work or used in violation of any academic institution's policies. The buyer is solely
responsible for how the materials are used.
