PVL3703 PORTFOLIO MEMO/GUIDELINES - SEMESTER 2 - 2022 OCT./NOV. - UNISA (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY)
QUESTION 1
Lesego works as a messenger and driver for the University of Summer. Her job is to make deliveries on behalf of the University of Summer, mainly for the office of the ...
PVL3703
LAW OF DELICT
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
12 OCTOBER 2022
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Lesego works as a messenger and driver for the University of Summer. Her job
is to make deliveries on behalf of the University of Summer, mainly for the
office of the principal, Prof Bontle. While driving at 100km/h along a freeway to
make a delivery at the University of Winter, Lesego suffered a heart attack that
caused her to lose consciousness immediately. Her vehicle swerved out of
control and crashed into a car next to hers, moving in the same direction.
Mpho, the driver of the other car, sustained bodily injuries and was
hospitalised for a period of six months. After his discharge from hospital,
Mpho instituted a delictual action against the University of Summer, the
employer of Lesego. Prof Bontle on behalf of the University of Summer raised
the defence that Mpho’s injuries were not caused by any conduct of its
employee, Lesego, because at the time of the collision, Lesego was
unconscious. Discuss the merits of this defence with specific reference to the
theoretical background thereof. (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 Lesego did not in fact act voluntarily when the damage to the car
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