, PVL3703 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
Question
Tumelo suffers from insomnia and when he does sleep often sleepwalks. His
doctor has prescribed him medication to control this condition. Tumelo goes
on a camping trip with his friends. On one evening while sleepwalking, he
thinks he is being attacked by a robber and stabs one of his friends, Mandla.
In reality, there was no robber and Mandla was trying to assist Tumelo to get
back to his bed. It transpired that Tumelo had not taken his medication
prescribed by the doctor that morning. Mandla was seriously injured and
hospitalised. Mandla would like to institute a delictual action against Tumelo.
Discuss with reference to relevant authority whether Tumelo indeed acted for
the purposes of the law of delict. Restrict the scope of your answer to the
element of conduct.
[Total: 10 marks]
To determine whether Tumelo acted for the purposes of the law of delict, and
more specifically whether the element of conduct is satisfied in this scenario, a
detailed and nuanced examination of the South African law of delict is necessary,
with a particular focus on the element of conduct, as well as the requirement of
voluntariness in such conduct.
DISCUSSION ON THE ELEMENT OF CONDUCT IN THE LAW OF
DELICT
In South African law of delict, "conduct" is the first and foundational
requirement that must be proven before a person can be held liable for a delict. If
there is no legally recognised conduct, then the enquiry into wrongfulness, fault,
causation and damage becomes irrelevant, because the delict simply does not
arise.
Now unpack this element in its full legal and theoretical context:
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
Question
Tumelo suffers from insomnia and when he does sleep often sleepwalks. His
doctor has prescribed him medication to control this condition. Tumelo goes
on a camping trip with his friends. On one evening while sleepwalking, he
thinks he is being attacked by a robber and stabs one of his friends, Mandla.
In reality, there was no robber and Mandla was trying to assist Tumelo to get
back to his bed. It transpired that Tumelo had not taken his medication
prescribed by the doctor that morning. Mandla was seriously injured and
hospitalised. Mandla would like to institute a delictual action against Tumelo.
Discuss with reference to relevant authority whether Tumelo indeed acted for
the purposes of the law of delict. Restrict the scope of your answer to the
element of conduct.
[Total: 10 marks]
To determine whether Tumelo acted for the purposes of the law of delict, and
more specifically whether the element of conduct is satisfied in this scenario, a
detailed and nuanced examination of the South African law of delict is necessary,
with a particular focus on the element of conduct, as well as the requirement of
voluntariness in such conduct.
DISCUSSION ON THE ELEMENT OF CONDUCT IN THE LAW OF
DELICT
In South African law of delict, "conduct" is the first and foundational
requirement that must be proven before a person can be held liable for a delict. If
there is no legally recognised conduct, then the enquiry into wrongfulness, fault,
causation and damage becomes irrelevant, because the delict simply does not
arise.
Now unpack this element in its full legal and theoretical context:
