PVL3703 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 24 MAY 2025 - (DETAILED ANSWERS WITH FULL REFERENCES - DISTINCTION PASS)

PVL3703 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 24 MAY 2025 - (DETAILED ANSWERS WITH FULL REFERENCES - DISTINCTION PASS) QUESTION 1 One afternoon, Junior, a six-year-old pre-school boy was on his way home from pre-school. He came across a group of his peers playing soccer in the street at Bafana township. One of his peers kicked the ball towards an uncovered manhole. In an attempt to save the ball, Junior ran after it, tripped and fell into the manhole which ultimately caused him to sustain serious bodily injuries. Junior’s mother, acting in her capacity as the legal guardian, approaches your offices for a legal opinion. She alleges that the community has, on several occasions, alerted the municipality about the uncovered manhole. She advises further that the municipality has failed and/or refused to maintain the pavement, thereby creating a dangerous situation. Junior’s mother wishes to institute a delictual action against the municipality. Discuss whether the conduct of the municipality was wrongful. Confine your answer to the element of wrongfulness. (20 marks) QUESTION 2 Thabo invited his friends over for a braai. While preparing the fire in his backyard, he used an excessive amount of thinners to ignite the fire and the thinners spilt over the common wooden boundary wall between neighbouring properties of Thabo and his neighbour Susan. Susan had recently installed a gas cylinder near the wooden boundary wall and was aware that it was not properly installed, causing a gas leak. Unfortunately, the gas leak led to devastating consequences. It led to a fire causing damage to both Thabo and Susan’s houses. Susan was subsequently admitted to hospital due to her injuries sustained from the fire. Susan is of the opinion that Thabo was negligent and believes she can prove it. She would like to claim for the damage to her house as well as for the personal bodily injuries she sustained. What defence may Thabo rely on? Discuss in detail with reference to case law and authority. (20 marks) QUESTION 3 Lovemore contracted tuberculosis while being detained in Lindelwa Repatriation Centre. It transpired that the healthcare management at Lindelwa Repatriation Centre was negligent and failed to take the necessary precautions to prevent the transmission of tuberculosis among the detainees. Bearing the above facts in mind, and with reference to case law, discuss the tests that the courts would use to determine factual and legal causation. (20 marks) QUESTION 4 Jabulani Bricks (hereafter Jabulani) operates a brick factory. Kelly-Anne is an employee of Mighty Worx, a construction business (hereafter Mighty). Mighty is preparing a construction site, adjacent to Jabulani’s premises, for the construction of a new factory. While working on the site, Kelly-Ann, who is operating Mighty’s excavating machinery, negligently cuts an underground electricity cable supplying electricity to Jabulani. As a result, Jabulani’s factory comes to a halt. Due to logistical and other challenges, it takes several weeks for Jabulani’s electricity supply to be restored. The unscheduled shutdown causes damage to Jabulani’s equipment, necessitating repairs amounting to R300 000. Jabulani is also unable to meet customers’ demand to supply bricks and Jabulani’s profit drops to R200 000, appreciably lower than the amount of R700 000 it has more or less consistently been able to earn in a similar timespan before the interruption of the electricity supply. Williams’ Builders, which has recently entered into a longer-term contract (worth R1 million) with Jabulani, cancels its contract with Jabulani because Jabulani has been unable to fulfil its contractual obligations to Williams’ Builders. Jabulani’s projected future profit from this contract, after deducting running expenses, was substantial (R600 000). 4.1 Explain whether Jabulani Bricks has sustained loss or damage and, if so, what delictual remedy/remedies it may rely upon. If applicable, also indicate briefly how the amount of damages will be determined. (10 marks) 4.2 Explain whether Mighty Worx, instead of Kelly-Ann, may incur delictual liability against Jabulani Bricks. (10 marks) QUESTION 5 Sizwe owns a local shop in a residential area. Mrs Goldberg, a resident of the area, purchases a few items from the shop and utilises the in-store ATM to withdraw money. As she exits the shop, she is approached by Brandon who attempts to take her money in her handbag. A struggle ensues between Mrs Goldberg and Brandon. Sizwe, acting quickly, grabs a broomstick and strikes Brandon on the shoulder. This angers Brandon and he turns towards Sizwe with a knife, about to stab him. Sizwe then grabs the store’s fire extinguisher within his reach and strikes Brandon over the head with it, rendering Brandon unconscious. Brandon sustains bodily injuries and is treated for his injuries at the nearest hospital. Brandon wishes to hold Sizwe delictually liable for the harm he sustained and claims that he used excessive force to subdue him. What ground of justification may Sizwe rely upon to exclude wrongfulness, and in turn, delictual liability?