PVL3703 Assignment 1
(COMPLETE ANSWERS)
Semester 1 2026 - DUE
March 2026;
, PVL3703 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026; Lalita
lives in a student residence. One night, she boils water in a kettle in the communal kitchen.
While the kettle is heating, she notices that the plug is loose and sparking slightly. However, she
brushes it off and leaves the kitchen to quickly grab her laptop from her room. As Lalita exits,
she sees Amir, another resident, walking into the kitchen carrying a bag. Lalita does not mention
the sparking plug to him. A few minutes later, the plug overheats and starts a small electrical fire.
In an attempt to move the kettle, Amir burns his hand, and both his bag and the kitchen counter
are damaged. Subsequently, Amir decides to sue Lalita for his injury and the damage to his bag.
Discuss whether the element of conduct is satisfied in Amir’s delictual claim against Lalita.
PVL3703 – Assignment 1
Element of Conduct in a Delictual Claim
Amir v Lalita
1. Introduction
In South African delict law, a plaintiff must establish all five elements of delict to succeed with a
claim, namely conduct, wrongfulness, fault, causation, and harm. The present discussion is
limited to the first element: conduct. Amir seeks to institute a delictual claim against Lalita for
personal injury and patrimonial loss arising from an electrical fire caused by a sparking kettle
plug in a communal kitchen.
The issue to be determined is whether Lalita’s behaviour — specifically her failure to warn Amir
about the sparking plug — constitutes conduct in the delictual sense. This requires an
examination of whether Lalita engaged in a voluntary human act or omission, and whether her
omission can legally qualify as conduct for purposes of delictual liability.
2. The Concept of Conduct in South African Delict Law
(COMPLETE ANSWERS)
Semester 1 2026 - DUE
March 2026;
, PVL3703 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026; Lalita
lives in a student residence. One night, she boils water in a kettle in the communal kitchen.
While the kettle is heating, she notices that the plug is loose and sparking slightly. However, she
brushes it off and leaves the kitchen to quickly grab her laptop from her room. As Lalita exits,
she sees Amir, another resident, walking into the kitchen carrying a bag. Lalita does not mention
the sparking plug to him. A few minutes later, the plug overheats and starts a small electrical fire.
In an attempt to move the kettle, Amir burns his hand, and both his bag and the kitchen counter
are damaged. Subsequently, Amir decides to sue Lalita for his injury and the damage to his bag.
Discuss whether the element of conduct is satisfied in Amir’s delictual claim against Lalita.
PVL3703 – Assignment 1
Element of Conduct in a Delictual Claim
Amir v Lalita
1. Introduction
In South African delict law, a plaintiff must establish all five elements of delict to succeed with a
claim, namely conduct, wrongfulness, fault, causation, and harm. The present discussion is
limited to the first element: conduct. Amir seeks to institute a delictual claim against Lalita for
personal injury and patrimonial loss arising from an electrical fire caused by a sparking kettle
plug in a communal kitchen.
The issue to be determined is whether Lalita’s behaviour — specifically her failure to warn Amir
about the sparking plug — constitutes conduct in the delictual sense. This requires an
examination of whether Lalita engaged in a voluntary human act or omission, and whether her
omission can legally qualify as conduct for purposes of delictual liability.
2. The Concept of Conduct in South African Delict Law
