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Basic elements of delict summary
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Basic elements of delict explainedINTRODUCTION
A delict occurs when one party commits a wrong against another. The basic elements of delict
are conduct, wrongfulness, fault, causation and damage. As a starting point, it is essential to
realise that all five elements mentioned above must be present before a person can be set to
be delictually liable.
In this regard, a comparison can be made to a boy trying to retrieve a kite in a rather high
tree. To do this the boy will need five objects, namely, a box, a table, a chair, the boy himself,
and a tennis racket.
The boy will place the chair on the table and use the box to climb on the table. Once he is on
the table, he will then climb onto the chair, taking with him the tennis racket. Then if he
stretches out, and with the help of the tennis racket, he will be able to knock the kite out of
the tree.
Should any of these objects not be available, the boy would not be able to reach the kite.
Similarly, should any of the elements of delict be absent, it cannot be said that delict is
committed
CONDUCT
2.1) DEFINITION
Conduct is a voluntary human act or omission.
2.2) CHARACTERISTICS
The characteristics of conduct are as follows:
(i) the act must be that of a human being.
(ii) The act must be performed voluntarily.
(iii) Conduct maybe in either the form of positive act (e.g. driving into someone) or an
omission (e.g. forgetting to put on a handbrake on an incline resulting in a collision).
2.3) DEFENCE OF AUTOMATISM
Automatism is a defence available to someone who did not act voluntarily.
Examples of automatism are absolute compulsion (e.g. having a gun pointed at one's head),
epileptic fit, mental disease and hypnosis.
The defence of automatism is not available if the Defendant intentionally or negligently
creates situation in which he acts involuntarily (e.g. driving a car when you know you are
prone to epileptic fits).
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