LPL4802 Assignment 1 Semester 2 2025 (Answer Guide) - Due 28 August 2025

LPL4802 Assignment 1 Semester 2 2025 (Answer Guide) - Due 28 August 2025 Title: An Analysis of Wrongfulness and Negligence in Mahlangu v Ngubane: A Delictual Claim in South African Law Introduction In South African delict law, for a plaintiff to succeed in a claim for patrimonial loss, such as in the case of Mahlangu v Ngubane, they must prove five elements: conduct, wrongfulness, fault (typically in the form of negligence), causation, and harm. This essay focuses specifically on two of these elements, wrongfulness and negligence, which are distinct yet often confused. Using the facts from the case scenario provided, this essay will explain how a South African court would independently assess these two elements. It will also evaluate the merits of Mr Mahlangu’s claim and Ms Ngubane’s defence, referencing applicable legal authorities to determine the likelihood of legal liability being imposed. 1. Distinguishing Between Wrongfulness and Negligence 1.1 Wrongfulness Wrongfulness refers to the breach of a legal duty that results in harm. In South African law, the test for wrongfulness in omissions (failures to act) hinges on whether the legal convictions of the community (boni mores) consider the omission as legally reprehensible and therefore actionable (Minister of Safety and Security v Van Duivenboden 2002 (6) SA 431 (SCA)). In the context of Mahlangu v Ngub