8
PART 2 : GENERAL PRINCIPLES
CONDUCT / ACT
Neethling, Potgieter, Visser: Law of Delict, p 23 – 29
The Government v Marine and Trade Insurance Co. Ltd. 1973 (3) SA
797 (C)
Wessels v Hall and Pickles (Coastal) (Pty) Ltd 1985 (4) SA 153 (C)
Molefe v Mahaeng 1999 (1) SA 562 (SCA)
S v Eadie 2002 (3) SA 719 (SCA)
1. GENERAL
- conduct is a requirement of delictual liability
- Roman Law and Roman Dutch Law required a direct physical
infringement
- SA Law = direct or indirect, positive act or omission, physical or non-
physical act
- Definition:
a voluntary human act or omission
- Characteristics:
(a) Act of human being
animals?
act of animal delict
if animal was used as instrument still human act
other harm caused by animal owner can be held liable in
terms of other actions
juristic persons?
acts through its organs humans
may be held responsible for organs acts
, 9
(b) Voluntary conduct
definition: “A bodily movement is said to be willed (voluntary),
generally speaking, when the person in question could have
refrained from it if he so willed, that is, he could have kept still”
(Textbook on Criminal Law, 1978)
in other words if it was susceptible to control by the defendant’s
will at the time the conduct occurred
implies that person has mental ability to control his muscular
movements
does not necessarily imply a capacity to direct one’s actions
responsibly
nor does it mean that person must have desired his conduct
also does not mean that person’s conduct should be rational or
explicable
eg: infant or mentally ill usually act voluntary
see later discussion of defence of automatism
(c) Commissio or omissio
conduct may be in the form of a positive act (commissio)
or an omission (omissio)
see later discussion of commissio and omissio
PART 2 : GENERAL PRINCIPLES
CONDUCT / ACT
Neethling, Potgieter, Visser: Law of Delict, p 23 – 29
The Government v Marine and Trade Insurance Co. Ltd. 1973 (3) SA
797 (C)
Wessels v Hall and Pickles (Coastal) (Pty) Ltd 1985 (4) SA 153 (C)
Molefe v Mahaeng 1999 (1) SA 562 (SCA)
S v Eadie 2002 (3) SA 719 (SCA)
1. GENERAL
- conduct is a requirement of delictual liability
- Roman Law and Roman Dutch Law required a direct physical
infringement
- SA Law = direct or indirect, positive act or omission, physical or non-
physical act
- Definition:
a voluntary human act or omission
- Characteristics:
(a) Act of human being
animals?
act of animal delict
if animal was used as instrument still human act
other harm caused by animal owner can be held liable in
terms of other actions
juristic persons?
acts through its organs humans
may be held responsible for organs acts
, 9
(b) Voluntary conduct
definition: “A bodily movement is said to be willed (voluntary),
generally speaking, when the person in question could have
refrained from it if he so willed, that is, he could have kept still”
(Textbook on Criminal Law, 1978)
in other words if it was susceptible to control by the defendant’s
will at the time the conduct occurred
implies that person has mental ability to control his muscular
movements
does not necessarily imply a capacity to direct one’s actions
responsibly
nor does it mean that person must have desired his conduct
also does not mean that person’s conduct should be rational or
explicable
eg: infant or mentally ill usually act voluntary
see later discussion of defence of automatism
(c) Commissio or omissio
conduct may be in the form of a positive act (commissio)
or an omission (omissio)
see later discussion of commissio and omissio
