question 2 Delict examination 2025

Don’t forget that this is close book. You
must never write court case in full please.
Paraphrase well

Question 2

Thabo invited his friends over for a braai. While preparing the fire in his backyard, he
used an excessive amount of thinners to ignite the fire and the thinners spilt over the
common wooden boundary wall between neighbouring properties of Thabo and his
neighbour Susan. Susan had recently installed a gas cylinder near the wooden
boundary wall and was aware that it was not properly installed, causing a gas leak.
Unfortunately, the gas leak led to devastating consequences. It led to a fire causing
damage to both Thabo and Susan’s houses. Susan was subsequently admitted to
hospital due to her injuries sustained from the fire. Susan is of the opinion that Thabo
was negligent and believes she can prove it. She would like to claim for the damage to
her house as well as for the personal bodily injuries she sustained. What defence may
Thabo rely on? Discuss in detail with reference to case law and authority.




Answer on the next page