20 May 2023 Exam (answers) PVL3703 - Law Of Delict (PVL3703)
56 views 1 purchase
Module
PVL3703 - Law Of Delict (PVL3703)
Institution
University Of South Africa (Unisa)
QUESTION 1
John works at the control tower of the O.R. Tambo Airport. His responsibility is to regulate the
movements of the aeroplanes landing and taking off. Due to a sudden sharp drop in John’s blood
pressure, he loses consciousness for five minutes. During this period of unconsciousness, t...
1. I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work or works of other people has been referenced according to the
prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
MARK RECEIVED FOR ASSIGNMENT 01: …………………………………………..
MARK RECEIVED FOR ASSIGNMENT 02: …………………………………………..
, QUESTION 1
John works at the control tower of the O.R. Tambo Airport. His responsibility is to
regulate the movements of the aeroplanes landing and taking off. Due to a sudden
sharp drop in John’s blood pressure, he loses consciousness for five minutes. During
this period of unconsciousness, two aeroplanes collide because John did not give the
pilots the correct instructions. Did John act for the purpose of the law of delict?
Would it make a difference to your answer if John has already been under medical
treatment for a diagnosed condition of low blood pressure, but failed to take his
prescribed blood pressure medication when he should have done so earlier that
morning? Discuss in detail with reference to authority. (15)
In South African law of delict, an act can only be regarded as wrongful and attract liability if it
was done intentionally or negligently. In the case of John, it is clear that he did not
intentionally cause the collision. However, the question is whether he acted negligently and
whether his medical condition can be taken into account in determining negligence.
Negligence involves a failure to exercise the degree of care that a reasonable person would
have exercised in the same circumstances. In the case of John, his sudden loss of
consciousness raises questions as to whether he was negligent in failing to take adequate
precautions to prevent such an event from occurring. The question is whether a reasonable
person in his position would have taken steps to ensure that he was fit to perform his duties,
or whether he should have taken steps to ensure that someone was available to take over in
the event of his sudden illness.
In determining whether John was negligent, the court would consider various factors,
including the nature of his duties, the likelihood and foreseeability of harm, the magnitude
and gravity of the harm that could result from his failure to take adequate precautions, and
the reasonableness and practicality of alternative precautions.
In this case, it would appear that John was negligent in failing to take adequate precautions
to ensure that he was fit to perform his duties. His failure to take his prescribed medication,
despite knowing of his medical condition, was likely a significant factor in his sudden loss of
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card for the summaries. There is no membership needed.
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 StudyAssistant036. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.47. You're not tied to anything after your purchase.
