PVL3703
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
In this case, Zanele wishes to institute a delictual action against Lethabo, who caused injury to her
while driving a forklift during a seizure. Let's focus on the element of conduct in the context of
delictual liability.
Conduct in the Law of Delict
Conduct refers to an action or omission that leads to harm or damage to another person. In the
context of delict, conduct is a central element because it is the foundation for establishing liability.
For Lethabo to be held liable, his conduct must be assessed based on whether he acted unlawfully,
and whether there was fault (negligence, recklessness, or intent) in his actions.
1. Lethabo's Act of Driving the Forklift
Lethabo’s conduct involved him driving a forklift, which is an action that typically requires a level of
skill and attention, especially in a workplace. Forklifts are heavy machinery, and driving them safely
is paramount to prevent accidents or injury. The fact that Lethabo was operating the forklift while
ASSIGNMENT 1 (SEMESTER 1)
DUE DATE: March 2025
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than March 2025. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
In this case, Zanele wishes to institute a delictual action against Lethabo, who caused injury to her
while driving a forklift during a seizure. Let's focus on the element of conduct in the context of
delictual liability.
Conduct in the Law of Delict
Conduct refers to an action or omission that leads to harm or damage to another person. In the
context of delict, conduct is a central element because it is the foundation for establishing liability.
For Lethabo to be held liable, his conduct must be assessed based on whether he acted unlawfully,
and whether there was fault (negligence, recklessness, or intent) in his actions.
1. Lethabo's Act of Driving the Forklift
Lethabo’s conduct involved him driving a forklift, which is an action that typically requires a level of
skill and attention, especially in a workplace. Forklifts are heavy machinery, and driving them safely
is paramount to prevent accidents or injury. The fact that Lethabo was operating the forklift while
