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PVL3703
LAW OF DELICT
UNISA
2021
ASSIGNMENT NUMBER 1
DUE DATE:14 MAY 2021 (DATE
EXTENDED)
UNIQUE NUMBER: 888278
, Read the judgment in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA) and
write a discussion of 500-1000 words. You can find the judgment in conventional law
libraries, or online by conducting a google search or at the website of the Southern
African Legal Information Institute (SAFLII) at www.saflii.org.
(a) Discuss what the Supreme Court of Appeal decided in respect of the element of
wrongfulness only in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA).
In other words, we expect you to explain how the Supreme Court of Appeal came to the
conclusion that the Municipality’s conduct was not wrongful. Please note that no marks
will be awarded for providing the background facts of the case, Bergrivier Municipality
v Van Ryn Beck 2019 (4) SA 127 (SCA) unless they are relevant to your discussion under
point (a) above.
The facts in Bergrivier Municipality v Van Ryn Beck 1 were as follows: Following
rainfall, the storm water system near Mr Van Ryn Beck’s home was overwhelmed, and
his home flooded. He later sued the municipality for his damages, alleging it had
negligently and wrongfully failed to –
o provide an effective system;
o maintain the system; and
o timeously effect flood-prevention measures.
The High Court dismissed the action, concluding that the evidence established neither
negligence, nor wrongfulness, nor causation. Van Ryn Beck then appealed to the Full
Bench, which upheld the appeal. It was satisfied the evidence established those
elements.
The municipality appealed to the SCA, which agreed with the High Court. In its view,
as regards negligence, Van Ryn Beck had failed to establish what could be foreseen
by the municipality, and what steps could have been taken to prevent the flooding.
1
Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA).
(WhatsApp Business): 084 591 8661
(F): 086 096 5452 www.llbexampacksandtutorials.co.za
__________________________________________________________________________________
LLB EXAM PACKS AND TUTORIALS
➢ Past paper solutions,
➢ notes,
➢ summaries,
➢ assignment packs &
➢ tuitions
PVL3703
LAW OF DELICT
UNISA
2021
ASSIGNMENT NUMBER 1
DUE DATE:14 MAY 2021 (DATE
EXTENDED)
UNIQUE NUMBER: 888278
, Read the judgment in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA) and
write a discussion of 500-1000 words. You can find the judgment in conventional law
libraries, or online by conducting a google search or at the website of the Southern
African Legal Information Institute (SAFLII) at www.saflii.org.
(a) Discuss what the Supreme Court of Appeal decided in respect of the element of
wrongfulness only in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA).
In other words, we expect you to explain how the Supreme Court of Appeal came to the
conclusion that the Municipality’s conduct was not wrongful. Please note that no marks
will be awarded for providing the background facts of the case, Bergrivier Municipality
v Van Ryn Beck 2019 (4) SA 127 (SCA) unless they are relevant to your discussion under
point (a) above.
The facts in Bergrivier Municipality v Van Ryn Beck 1 were as follows: Following
rainfall, the storm water system near Mr Van Ryn Beck’s home was overwhelmed, and
his home flooded. He later sued the municipality for his damages, alleging it had
negligently and wrongfully failed to –
o provide an effective system;
o maintain the system; and
o timeously effect flood-prevention measures.
The High Court dismissed the action, concluding that the evidence established neither
negligence, nor wrongfulness, nor causation. Van Ryn Beck then appealed to the Full
Bench, which upheld the appeal. It was satisfied the evidence established those
elements.
The municipality appealed to the SCA, which agreed with the High Court. In its view,
as regards negligence, Van Ryn Beck had failed to establish what could be foreseen
by the municipality, and what steps could have been taken to prevent the flooding.
1
Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA).
