100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
PVL3703 EXAM PACK. $2.99   Add to cart

Exam (elaborations)

PVL3703 EXAM PACK.

 1 view  0 purchase
  • Course
  • Institution

Exam of 26 pages for the course pvl3703 exam pack at University of South Africa (PVL3703 EXAM PACK.)

Preview 3 out of 26  pages

  • July 23, 2023
  • 26
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers
avatar-seller
PVL3703 EXAM
PACK




[School]
[Course title]

,lOMoARcPSD|5223465




May/June 2015
Qn 1
The municipality of eThekwini is busy with excavations in the
business center.
The Municipal workers do not erect any barrier or warning signs in
the vicinity of
the excavations. Mrs. Ndlovu, who is near-sighted, falls into the
excavations and
sustains serious injuries. She wishes to institute a delictual action
against the
municipality. Was the conduct of the municipality wrongful?
Discuss in detail.
[15]
The issue is whether the act of the municipality workers
constituted wrongfulness?
An act can usually be wrongful if it has some consequence. The
determination of
wrongfulness entails a dual investigation. Firstly it has to be
ascertained whether
the perpetrator’s act was in fact the cause of a harmful result to
another person and
secondly it must be ascertained whether the causing of harm took
place in an
unreasonable or legally reprehensible way.
The first part of the investigation is easy to establish, however the
second part of
whether the causing of the harm took place in an unreasonable or
legally
reprehensible way this is dealt with by looking at the legal
convictions of the
community (boni mores) If a person’s conduct is contra boni
mores that is to say if
its contrary to the legal convictions of the community then that
person would have
acted in a wrongful manner.
The court follows an objective test based on reasonableness,
based on legal
convictions of community and on all circumstances. The question
asked is: Did the

, defendant infringe interest of plaintiff reasonably or
unreasonably? Court must
weigh conflicting interests in light of circumstances.
Legal convictions of community are to be taken as the legal
convictions of policy
makers such as legislature and judges. Judge must define and
interpret legal
Downloaded by Emmanuel Ntuli (jzntuli21@gmail.com)
lOMoARcPSD|5223465




convictions of community with regards to rights, principles, court
cases where
convictions of community found expression.
The following factors are considered the legal convictions of the
community.
These impute legal duties which when not followed constitutes an
act of
wrongfulness. These are:

Prior conduct
If a person has done something e.g. light a fire or a cigarette a
legal duty arises to
enable that no harm occurs from such conduct so one has to be
sure the fire is out
etc. By virtue of your prior conduct a legal duty arises to protect a
third party from
consequences of that conduct, failure which will result in a
delictual liability
arising from a wrongful act
Control of a dangerous object or a thing
A legal duty arises when one is in control of a dangerous object or
thing to protect
a third party from being harmed by that thing e.g. when one is in
control of a gun
or a bull dog. Failure to control that dangerous thing or object will
constitute
wrongfulness if that failure leads to a third party being harmed.
Rules of law
Certain statutes imputes legal duties on individuals for the
protection of third
parties and failure to follow these rules will constitute an act of
wrongfulness

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller MasterVincent. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $2.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

62555 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$2.99
  • (0)
  Add to cart