Assignment 1 Semester 1 2026
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Due Date: March 2026
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, QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Whether conduct is satisfied
In delict, conduct means a voluntary human act or omission. It is a factual enquiry:
did the defendant do something (a commission) or fail to do something (an omission)
in circumstances where the failure can be described as voluntary conduct? The
question of wrongfulness (for example, whether a legal duty to act existed) is a
separate element and is not required to prove conduct.1
1
J Neethling, JM Potgieter and PJ Visser Law of Delict (7 edn, LexisNexis 2015) 4–5.
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