Delict 2025
Memorandam
With LLB Munyai
Don’t forget that this is close book. You
must never write court case in full please
Question 1
One afternoon, Junior, a six-year-old pre-school boy was on his way home from pre-
school. He came across a group of his peers playing soccer in the street at Bafana
township. One of his peers kicked the ball towards an uncovered manhole. In an
attempt to save the ball, Junior ran after it, tripped and fell into the manhole which
ultimately caused him to sustain serious bodily injuries. Junior’s mother, acting in her
capacity as the legal guardian, approaches your offices for a legal opinion. She alleges
that the community has, on several occasions, alerted the municipality about the
uncovered manhole. She advises further that the municipality has failed and/or refused
to maintain the pavement, thereby creating a dangerous situation. Junior’s mother
wishes to institute a delictual action against the municipality. Discuss whether the
conduct of the municipality was wrongful. Confine your answer to the element of
wrongfulness.
Answer
Generally, a person is not considered to have acted wrongfully under delict law if they
fail to take action to prevent harm to someone else. A person is usually not held
responsible if their failure to take action does not actively harm another person's
interests. Omissions are generally not considered unlawful; they are lawful unless there
is a "pre-existing duty" that applies, such as failing to provide safety equipment in a
factory or failing to protect a vulnerable person from harm. In these specific situations,
an omission can be deemed wrongful, similar to actions that cause physical harm.
Liability occurs only if the failure to act was indeed wrongful. This applies when, under
the specific circumstances, the defendant had a legal obligation to take action to
prevent harm and did not fulfill that obligation. The existence of such a duty is
determined by considering the community's legal beliefs and legal policy. The
assessment of whether the omission conflicts with the community's values is entirely
Memorandam
With LLB Munyai
Don’t forget that this is close book. You
must never write court case in full please
Question 1
One afternoon, Junior, a six-year-old pre-school boy was on his way home from pre-
school. He came across a group of his peers playing soccer in the street at Bafana
township. One of his peers kicked the ball towards an uncovered manhole. In an
attempt to save the ball, Junior ran after it, tripped and fell into the manhole which
ultimately caused him to sustain serious bodily injuries. Junior’s mother, acting in her
capacity as the legal guardian, approaches your offices for a legal opinion. She alleges
that the community has, on several occasions, alerted the municipality about the
uncovered manhole. She advises further that the municipality has failed and/or refused
to maintain the pavement, thereby creating a dangerous situation. Junior’s mother
wishes to institute a delictual action against the municipality. Discuss whether the
conduct of the municipality was wrongful. Confine your answer to the element of
wrongfulness.
Answer
Generally, a person is not considered to have acted wrongfully under delict law if they
fail to take action to prevent harm to someone else. A person is usually not held
responsible if their failure to take action does not actively harm another person's
interests. Omissions are generally not considered unlawful; they are lawful unless there
is a "pre-existing duty" that applies, such as failing to provide safety equipment in a
factory or failing to protect a vulnerable person from harm. In these specific situations,
an omission can be deemed wrongful, similar to actions that cause physical harm.
Liability occurs only if the failure to act was indeed wrongful. This applies when, under
the specific circumstances, the defendant had a legal obligation to take action to
prevent harm and did not fulfill that obligation. The existence of such a duty is
determined by considering the community's legal beliefs and legal policy. The
assessment of whether the omission conflicts with the community's values is entirely
