LPL4802 Assignment
1 Semester 2 | Due
28 August 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LPL4802 Assignment 1 Semester 2 Memo |
Due 28 August 2025
Course
Law of Damages (LPL4802)
Institution
University Of South Africa (Unisa)
Book
Law of Damages
LPL4802 Assignment 1 Semester 2 Memo | Due 28 August 2025. THREE
ESSAYS PROVIDED.
QUESTION SCENARIO: Read the scenario below and then answer the essay
question set on it. In the rural hills of eNquthu, located in the uMzinyathi
District of KwaZulu-Natal, a community of small- to medium-scale black
farmers has established a reputation for sustainable commercial agriculture
over the last two decades. Among them is Mr. Andile Mahlangu, a second-
generation eucalyptus and wattle farmer who inherited over 150 hectares of
land from his late father. His operation provides timber to a pulp processing
plant and employs more than 20 local residents. Adjacent to Mahlangu’s land
is a government-owned farm leased to Ms. Nokuthula Ngubane, a dedicated
agriculturalist known in the area for her mentorship of young farmers, as well
as her skills in livestock and grassland management. The government,
through its Rural Development Support Programme, placed Ngubane on this
farm as part of its post-settlement land reform initiative. Her responsibilities
include maintaining natural grasslands, managing firebreaks, and running a
small but growing cattle operation. On the afternoon of 13 August 2023, dry,
gusty winds swept across eNquthu. A fire, believed to have started from a
lightning strike or possibly stray embers from a roadside rubbish burn,
ignited on the northwestern corner of Ms. Ngubane’s farm. Her workers
responded quickly, activating their fire protocols, deploying water units, and
calling in local firefighting volunteers. Despite their efforts, the wind direction
shifted rapidly. The fire jumped one of the boundary firebreaks, crossed a
small stream, and entered Mr. Mahlangu’s eucalyptus grove. Within hours,
the flames engulfed more than 40 hectares of plantation, destroying mature
timber ready for harvest as well as younger saplings. The economic loss
surpassed R5.2 million and included damages to infrastructure, machinery,
and future harvests. The fire was ultimately contained after sunset, aided by
neighbouring farmers and community firefighters. In the aftermath, Mr.
Mahlangu lodged a delictual claim against Ms. Ngubane, alleging that her
negligent failure to contain the fire and protect adjacent land amounted to a
wrongful omission for which she bore legal liability. He contended that she
had not properly maintained her firebreaks in certain areas, that she failed to
1 Semester 2 | Due
28 August 2025
NO PLAGIARISM
[Pick the date]
[Type the company name]
, Exam (elaborations)
LPL4802 Assignment 1 Semester 2 Memo |
Due 28 August 2025
Course
Law of Damages (LPL4802)
Institution
University Of South Africa (Unisa)
Book
Law of Damages
LPL4802 Assignment 1 Semester 2 Memo | Due 28 August 2025. THREE
ESSAYS PROVIDED.
QUESTION SCENARIO: Read the scenario below and then answer the essay
question set on it. In the rural hills of eNquthu, located in the uMzinyathi
District of KwaZulu-Natal, a community of small- to medium-scale black
farmers has established a reputation for sustainable commercial agriculture
over the last two decades. Among them is Mr. Andile Mahlangu, a second-
generation eucalyptus and wattle farmer who inherited over 150 hectares of
land from his late father. His operation provides timber to a pulp processing
plant and employs more than 20 local residents. Adjacent to Mahlangu’s land
is a government-owned farm leased to Ms. Nokuthula Ngubane, a dedicated
agriculturalist known in the area for her mentorship of young farmers, as well
as her skills in livestock and grassland management. The government,
through its Rural Development Support Programme, placed Ngubane on this
farm as part of its post-settlement land reform initiative. Her responsibilities
include maintaining natural grasslands, managing firebreaks, and running a
small but growing cattle operation. On the afternoon of 13 August 2023, dry,
gusty winds swept across eNquthu. A fire, believed to have started from a
lightning strike or possibly stray embers from a roadside rubbish burn,
ignited on the northwestern corner of Ms. Ngubane’s farm. Her workers
responded quickly, activating their fire protocols, deploying water units, and
calling in local firefighting volunteers. Despite their efforts, the wind direction
shifted rapidly. The fire jumped one of the boundary firebreaks, crossed a
small stream, and entered Mr. Mahlangu’s eucalyptus grove. Within hours,
the flames engulfed more than 40 hectares of plantation, destroying mature
timber ready for harvest as well as younger saplings. The economic loss
surpassed R5.2 million and included damages to infrastructure, machinery,
and future harvests. The fire was ultimately contained after sunset, aided by
neighbouring farmers and community firefighters. In the aftermath, Mr.
Mahlangu lodged a delictual claim against Ms. Ngubane, alleging that her
negligent failure to contain the fire and protect adjacent land amounted to a
wrongful omission for which she bore legal liability. He contended that she
had not properly maintained her firebreaks in certain areas, that she failed to
