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PVL3703
Law of Delict
ASSIGNMENT 2 ESSAY MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: - 705413
Due date: - 4 September 2023
Includes Footnotes and/or Bibliography
QUESTION 1
Patricia went to her favourite mall to do some shopping. It had been raining, and the tile floor of the mall was wet and extremely
slippery. Patricia slipped on the wet floor and broke an arm. She wishes to hold the management of the mall delictually liable for
her damage. The management of the mall had taken no specific precautions to make the floor of the mall safer for shoppers.
(1) Discuss in detail, and with reference to case law, how the courts would determine whether the conduct of the mall
management was wrongful by employing the traditional approach to the wrongfulness inquiry.
(2) Also discuss, with reference to case law, how the courts would determine whether the conduct of the mall management
was wrongful by employing the more recent approach to the wrongfulness inquiry.
In conclusion, indicate whether you think that the said two approaches to wrongfulness would yield the same or different
outcomes to the wrongfulness inquiry in the given factual scenario.
Questions continue…
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, Assignment 02: Assignment question and important information
For Assignment 02, you must answer the following essay-type question:
Patricia went to her favourite mall to do some shopping. It had been raining, and the tile
floor of the mall was wet and extremely slippery. Patricia slipped on the wet floor and
broke an arm. She wishes to hold the management of the mall delictually liable for her
damage. The management of the mall had taken no specific precautions to make the floor
of the mall safer for shoppers.
(1) Discuss in detail, and with reference to case law, how the courts would determine
whether the conduct of the mall management was wrongful by employing the traditional
approach to the wrongfulness inquiry.
(2) Also discuss, with reference to case law, how the courts would determine whether
the conduct of the mall management was wrongful by employing the more recent
approach to the wrongfulness inquiry.
In conclusion, indicate whether you think that the said two approaches to wrongfulness
would yield the same or different outcomes to the wrongfulness inquiry in the given factual
scenario.
Important information: Please note that submission of Assignment 02 will give you
admission to the exam if you have been unable to submit Assignment 01. However,
Assignment 02 will not contribute to your year mark and will not be marked by the
lecturers. We shall give you detailed feedback in an online discussion class and in writing.
You will then self-assess your answer. The question in Assignment 02 is similar to the
kind of questions you can expect in the exam. For this reason, it is vital that you do this
assignment and thoroughly self-assess your effort once the feedback is supplied.
