UNIVERSITY EXAMINATIONS

October/November 2023

PVL3703

Law of Delict

100 Marks

08:00 – 12:00 (4 hours)

23 OCTOBER 2023

First examiner: Prof R Ahmed, Prof JC Knobel, Prof M Mokotong

Second examiner: Prof CJ Pretorius

This paper consists of five (5) pages including the cover page.

This is a closed-book examination

INSTRUCTIONS FOR A TAKE-HOME EXAM

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE

EXAMINATION QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of five (5) questions. Answer ALL the questions.

3. The duration of the examination is from 08h00-12h00. Your answers must be uploaded via
the myExams platform by 12h30 (South African Standard Time).

4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person, or any source to assist you to answer any of the questions
contained in this question paper. While the examination is in progress, you cannot assist
another student in answering any of the questions for this examination.
5. This examination is proctored via the Invigilator App.

The QR code is below:

If you experience technical difficulties on The Invigilator App, contact the technical
helpdesk via WhatsApp on 073 505 8273.

6. Your exam file must be uploaded on the myExams platform on Moodle.

6.1 You are advised to preview your submission (answer script) to ensure legibility and that the
correct answer script file has been uploaded.
6.2 Once the official examination time per the examination timetable has expired, you are
provided one hour to submit your answer script. Submissions made after the submission
period has lapsed will be rejected per the examination regulations and will not be marked.

7. The cover page for your take-home exam must include your name, student number
and the module code.

8. It is preferred that your take-home exam is typed. However, handwritten submissions will
also be accepted.

9. Whether your answers are typed or handwritten, your submission on the myExams platform
on Moodle must be made in the form of one PDF document. Only the last file uploaded and
submitted will be marked.

9.1 The exam answer file that you submit must not be password protected or uploaded as a
“read only” file.

9.2 Your examination answer file will not be marked if:

9.2.1 you send your examination answer file via email.

9.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
9.2.3 you submit your exam answer file on an unofficial examination platform (including the
invigilator cellphone application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late.
9.2.7 you submit your answer file from a registered student account that is not your own.

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9.3 Incorrect answer scripts and/or submissions made on unofficial examinations platforms
(including the invigilator cellphone application) will not be marked and no opportunity will be
granted for resubmission.

9.4 The mark awarded for an illegible examination answer file submission will be your final mark.
You will not be allowed to resubmit after the scheduled closing date and time of the exam.

10. Where applicable, the arguments that you make must be logical, well-structured and
substantiated by the relevant legal principles. Use the time given wisely.

11. Substantiate your answers by referring to relevant authorities such as case law, where
applicable. When answering problem-type questions, it is important to first identify the
problem area where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those legal principles that relate to the given facts.
Next, apply these principles to the facts. Then give the appropriate advice.

12. You must complete the online declaration of own work when submitting.

12.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy
on Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are both
available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to
student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules.
12.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of academic
integrity, and students who do plagiarise or copy verbatim from published work will be in
violation of the Policy on Academic Integrity and the Student Disciplinary Code and may be
referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other
forms of academic dishonesty.
12.3 Unless a student is exempted because of disability or incarceration, students who have not
utilised invigilation or proctoring tools will be deemed to have transgressed Unisa’s
examination rules and will have their marks withheld.

PLEASE NOTE:

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or email
[email protected] or refer to Get-Help for the list of additional contact numbers.

If you experience technical difficulties on The Invigilator App, contact the technical helpdesk via
WhatsApp on 073 505 8273.

REFER TO CASE LAW AND STATUTORY LAW WHERE RELEVANT.

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QUESTION 1

Lethabo suffers from insomnia and, when he does sleep, he often sleepwalks. His doctor has prescribed
him medication to control this condition. Lethabo goes on a camping trip with his friends and as a
precautionary measure keeps a knife under his pillow while sleeping. One evening while sleepwalking,
he thinks he is being attacked by a robber and stabs one of his friends, Mandla. In reality, there was no
robber and Mandla was trying to assist Lethabo to get back to his bed. It transpired that Lethabo had
not taken his medication prescribed by the doctor that morning. Mandla was seriously injured and
hospitalised. Mandla would like to institute a delictual action against Lethabo.

1.1 Discuss with reference to relevant authority whether Lethabo indeed acted for the purposes of the
law of delict. (15)

1.2 Would your answer to question 1.1 above differ if Lethabo had not suffered from insomnia before
and this was the first time that he was found sleepwalking? (5)

QUESTION 2

There has been much debate about the traditional test for determining wrongfulness and the new test
for determining wrongfulness.

Critically discuss this statement and refer to relevant authority. (25)

QUESTION 3

Nomsa, while playing a game of netball, was struck on the head by the ball. As a result of this, Nomsa
sustained a serious head injury. It transpired that her fellow player Kefilwe had attempted to shoot the
ball into the goal ring but missed. The ball subsequently struck Nomsa’s head. Nomsa would like to
institute a delictual action against Kefilwe for the head injury she sustained.

Discuss with reference to authority, which ground of justification Kefilwe may rely on as well as the
likelihood of it succeeding. (Take care not to write about the topic of Question 4.1 here.) (15)

QUESTION 4

Greg regularly invited Bert to his ostrich farm in the Karoo. Greg warned Bert to be cautious around the
ostriches and not to startle them. Bert informed Greg that he knew how to deal with ‘these birds’ and
that he always interacted with one ostrich, known as Daisy, during his visits. Bert always teased and
taunted Daisy for self-amusement. During his last visit, Bert picked up a stone and threw it in the
direction of Daisy. Daisy began to chase Bert. Bert then ran towards the house and tripped and fell,
injuring his leg. Bert was hospitalised due to the injury and unable to return to work for a month. Bert
would like to institute a delictual action against Greg based upon Greg’s alleged negligent conduct of
keeping wild animals in a place that the public can have access to.

4.1 Assume for the purpose of answering this question (4.1) that Bert can prove that Greg’s conduct
was wrongful and negligent. Under these circumstances, what defence may Greg rely upon and what
will the effect of a successful reliance on the defence be? Discuss in detail with reference to case law
and legislation. (Take care not to write about the topic of Question 3 here.) (20)

4.2 Now assume for the purpose of answering this question (4.2) that Bert cannot prove that Greg’s
conduct was wrongful and negligent. Under these circumstances, what remedy would Bert have against
Greg and how likely is he to succeed with this remedy? Discuss with reference to case law. (5)

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QUESTION 5

Differentiate clearly between factual and legal causation in the law of delict and discuss with reference
to case law the respective tests used to determine whether they are present in a given factual scenario.
(15)

TOTAL PAPER: [100]

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