Dear PVL3703
Law of delict
Assignment 02
Semester 2
Unique number
705413
Due date:
4 September 2023
You must answer the following essay-type question:
Patricia went to her favourite mall to do some shopping. It had been raining, and the tile floor of
the mall was wet and extremely slippery. Patricia slipped on the wet floor and broke an arm. She
wishes to hold the management of the mall delictually liable for her damage. The management of
the mall had taken no specific precautions to make the floor of the mall safer for shoppers.
(1) Discuss in detail, and with reference to case law, how the courts would determine whether
the conduct of the mall management was wrongful by employing the traditional approach to the
wrongfulness inquiry.
(2) Also discuss, with reference to case law, how the courts would determine whether the
conduct of the mall management was wrongful by employing the more recent approach to the
wrongfulness inquiry.
In conclusion, indicate whether you think that the said two approaches to wrongfulness would
yield the same or different outcomes to the wrongfulness inquiry in the given factual scenario.
Answers
1.
Traditional Approach to Wrongfulness Inquiry
The Traditional Approach to Wrongfulness Inquiry: The traditional approach to determining
wrongfulness in delictual liability involves assessing whether the defendant's conduct was wrongful
by considering whether it violated a legal duty owed to the plaintiff. In the case of the mall
Law of delict
Assignment 02
Semester 2
Unique number
705413
Due date:
4 September 2023
You must answer the following essay-type question:
Patricia went to her favourite mall to do some shopping. It had been raining, and the tile floor of
the mall was wet and extremely slippery. Patricia slipped on the wet floor and broke an arm. She
wishes to hold the management of the mall delictually liable for her damage. The management of
the mall had taken no specific precautions to make the floor of the mall safer for shoppers.
(1) Discuss in detail, and with reference to case law, how the courts would determine whether
the conduct of the mall management was wrongful by employing the traditional approach to the
wrongfulness inquiry.
(2) Also discuss, with reference to case law, how the courts would determine whether the
conduct of the mall management was wrongful by employing the more recent approach to the
wrongfulness inquiry.
In conclusion, indicate whether you think that the said two approaches to wrongfulness would
yield the same or different outcomes to the wrongfulness inquiry in the given factual scenario.
Answers
1.
Traditional Approach to Wrongfulness Inquiry
The Traditional Approach to Wrongfulness Inquiry: The traditional approach to determining
wrongfulness in delictual liability involves assessing whether the defendant's conduct was wrongful
by considering whether it violated a legal duty owed to the plaintiff. In the case of the mall
