PVL3703 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)
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 i...
question 1 john works at the control tower of the or tambo airport his responsibility is t
Connected book
Book Title:
Author(s):
Edition:
ISBN:
Edition:
More summaries for
PVL3703 EXAM PACK 2024
PVL3703 EXAM PACK 2024 - DISTINCTION GUARANTEED
PVL3703 EXAM PACK 2024
All for this textbook (30)
Written for
University of South Africa (Unisa)
PVL3703 - Law Of Delict
All documents for this subject (108)
Seller
Follow
LLBExampacksAndTutorials
Reviews received
Content preview
Tutors you can trust. Voted “BEST
SELLING” memos for the year 2021/2022.
PVL3703
Law of Delict
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 20th MAY 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
See next page for question and answers…
UNIQUE MEMO
FULLY REFERENCED
WORD DOCUMENT AVAILABLE!
DISTINCTION GUARANTEED!!!
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
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)
Conduct is defined as a voluntary human act or omission. “Voluntary” means that the
person must be able to control his/her muscular movements by means of his/her will.
Body movements need not be willed to be voluntary, nor do they need to be rational or
explicable. The defence of automatism excludes voluntariness, and this means that the
relevant movements were mechanical and the person could not control them by his/her
will. Factors that can induce a state of automatism include blackout and epileptic fit.
According the Molefe v Mahaeng, the defendant does not bear the onus to prove that he
was in a stateof so-called sane automatism. The onus is on the plaintiff to prove that the
defendant acted voluntarily. If we apply these principles to the facts supplied in the
question, we can conclude that X did not in fact act voluntarily when the damage to the
car was caused. However, the situation will indeed change if X had been receiving
medical treatment for diagnosed epilepsy, but failed to take his medication on that
particular occasion. A person cannot rely on automatism if he/she intentionally placed
himself/herself in a mechanical state; this is known as the actio libera in causa.
Furthermore, a person cannot rely on automatism if he/she negligently placed him/herself
in a mechanical state. In the adapted facts, X was probably negligent, or could even have
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 LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £9.07. You're not tied to anything after your purchase.