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...
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PVL3703
Law of Delict
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 20th MAY 2023
Includes Footnotes and/or Bibliography
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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
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