PVL3703
Assignment 1
Semester 2
Due August 2025
, PVL3703
Law of Delict
Semester 2 of 2025
Assessment 1
Answer:
In order for Mandla to succeed in a delictual claim against Tumelo, all the elements of
delict must be proven, including conduct, wrongfulness, fault, causation, and harm. This
answer focuses only on the element of conduct as required by the question.
1. Definition of Conduct
In the law of delict, conduct refers to human behaviour that leads to harm or loss
suffered by another person. This behaviour may take the form of either a positive act
(commission) for example, physically assaulting someone or an omission, which is the
failure to act when there is a legal duty to do so. Importantly, not all human behaviour
qualifies as conduct for delictual purposes. To be considered legally relevant, the
conduct must meet specific criteria.
According to Neethling, Potgieter and Visser (2020:33), for conduct to be recognised in
delictual law, it must be voluntary. This means that the person must have control over
their physical actions at the time the conduct occurs. The law does not regard
involuntary movements, such as reflex actions, convulsions, or behaviour during
unconscious states (e.g., sleepwalking or epileptic seizures), as conduct in the legal
sense. These actions are not willed or controlled by the mind, and therefore cannot give
rise to delictual liability, as they fail to meet the fundamental requirement of
voluntariness.
For example, if a person sneezes suddenly and unintentionally pushes someone into a
pool, that movement might be considered involuntary and thus not satisfy the element of
conduct. Similarly, if a person causes harm while sleepwalking, the movement occurs
without conscious intention or control, and is thus not legally regarded as conduct.
Assignment 1
Semester 2
Due August 2025
, PVL3703
Law of Delict
Semester 2 of 2025
Assessment 1
Answer:
In order for Mandla to succeed in a delictual claim against Tumelo, all the elements of
delict must be proven, including conduct, wrongfulness, fault, causation, and harm. This
answer focuses only on the element of conduct as required by the question.
1. Definition of Conduct
In the law of delict, conduct refers to human behaviour that leads to harm or loss
suffered by another person. This behaviour may take the form of either a positive act
(commission) for example, physically assaulting someone or an omission, which is the
failure to act when there is a legal duty to do so. Importantly, not all human behaviour
qualifies as conduct for delictual purposes. To be considered legally relevant, the
conduct must meet specific criteria.
According to Neethling, Potgieter and Visser (2020:33), for conduct to be recognised in
delictual law, it must be voluntary. This means that the person must have control over
their physical actions at the time the conduct occurs. The law does not regard
involuntary movements, such as reflex actions, convulsions, or behaviour during
unconscious states (e.g., sleepwalking or epileptic seizures), as conduct in the legal
sense. These actions are not willed or controlled by the mind, and therefore cannot give
rise to delictual liability, as they fail to meet the fundamental requirement of
voluntariness.
For example, if a person sneezes suddenly and unintentionally pushes someone into a
pool, that movement might be considered involuntary and thus not satisfy the element of
conduct. Similarly, if a person causes harm while sleepwalking, the movement occurs
without conscious intention or control, and is thus not legally regarded as conduct.
