LOD301 Assignment 2 (DETAILED ANSWERS) Semester 2 2023 - DUE 22 SEPTEMBER 2023

LOD301 Assignment 2 (DETAILED ANSWERS) Semester 2 2023 - DUE 22 SEPTEMBER 2023 100% TRUSTED workings, explanations and solutions. For assistance call or us on . Important notice: No answer may exceed 2 (two) pages. The reason for this is that you must be able to extract the salient points on the topic from your textbook and other sources and answer questions straight to the point. It will show your lecturer that you have studied the topics and developed good insight and are not merely repeating what is contained in the textbook. Five marks will be deducted per answer that exceeds the limit of 2 (two) pages. Question 1 [20] Critically discuss the case of Union Government v Warneke 1911 AD 657, as it relates to the topic of harm. Hint: you need to provide background information on the topic of harm in general for the reader to understand your discussion of the case. Question 2 [20] Discuss accountability as a prerequisite for finding a person blameworthy when establishing delictual liability and discuss the defences to exclude accountability. In your answer briefly refer to applicable case law. Question 3 [15] X takes his Rottweiler dog for a walk in the park. Y approaches X, hits him in the face and knocks him to the ground. Y pulls out a gun, points it to X’s head and says he will kill X if he does not give him his cellphone, watch and money. X gives his dog the command to attack Y. The dog bites Y in his throat and kills him. Y’s wife institutes a claim for damages against X. You are X’s attorney. Advise X on an appropriate defence and refer to relevant case law. Question 4 [10] X, Y and Z were stranded on a small island in the middle of the ocean after their cruise ship sank. Although there is fresh water on the island, there is absolutely nothing to eat. In order to stay alive, X and Y decide to eat Z, who was already very weak. X and Y were later rescued, but Z's dependants institute a claim for loss of support. You are X and Y’s advocate. Discuss the defence you would raise to exclude wrongfulness and refer to applicable case law and the development of the defence. Question 5 [15] Mr X and his wife Y went to a holiday resort. When Mr X went up a high slide, he slipped and fell from the top of the slide, broke his neck and died. There were no railings next to the steps leading up to the high slide or at the top of the slide. The stairs were slippery and the owners did not remove excess water, which caused the slippery stairs. Mrs Y approaches you for advice if she would be successful with a delictual claim based on negligence against the owners of the holiday resort as she is of the opinion that they were careless/negligent and everybody could see the slide was dangerous and some protective measures should be taken. Refer to relevant case law in your answer.