PVL3703
[PRIVATE LAW P V L 3 7 0 3 LAW OF DELICTSASSIGNMENT 01 ]
UNIQUE NO.: 277384
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Tuesday, 24 March 2026 @ 14:00
, DISCUSSION: WHETHER THE ELEMENT OF CONDUCT IS
SATISFIED
Introduction
In order for Amir to succeed with a delictual claim against Lalita,
he must prove all five elements of delict, namely conduct,
wrongfulness, fault, causation and damage. The focus of this
discussion is whether the element of conduct is satisfied.
Conduct is a voluntary human act or omission. The question is
therefore whether Lalita’s behaviour — particularly her failure
to warn Amir about the sparking plug — constitutes legally
relevant conduct for purposes of delictual liability.
The Meaning of Conduct in Delict
Conduct in the law of delict refers to a voluntary human act or
omission. It must be attributable to a person who has control