Exam (elaborations)
PVL3703 assignment 2 solutions semester 1 2023 (full solutions)
- Course
- Law of Delict (PVL3703)
- Institution
- University Of South Africa (Unisa)
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PVL3703ASSIGNMENT 2 SEMESTER 1 2024
Unique Number:
DUE DATE: 30 March 2024
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Mr Gummy, a bank manager who has long been treated for alcoholism and has
been punished multiple times in the past for offences committed while drunk,
showed up at work intoxicated, wasted and belligerent. Mr Gummy was holding a
leash attached to the neck of his bullmastiff dog, despite the prohibition policy on
bringing pets to the workplace. Upon his arrival, he summoned a fellow junior
employee, Ms Divine to his office. While Ms Divine was standing in front of his
desk, Mr Gummy yelled at her, using swear words and other immoral language.
When Ms Divine swore back at him, Mr Gummy incited his bullmastiff dog to attack
her. The dog jumped at Ms Divine, she subsequently fell to the concrete floor and
the dog mauled her. A huge chunk of her cheek is missing, and she will require
reconstructive surgery. She also suffered a severe concussion, a broken spine,
dislodgement of her right shoulder and a fracture of her right arm. Consequently,
she was hospitalised and received extensive medical treatment. She has not
returned to work and has not received her employment benefits and/or salary from
her employer. She is unable to continue to work with Mr Gummy under the
circumstances. It emerged that Mr Gummy’s ego was bruised when Ms Divine
rejected his romantic advances a day before. Ms Divine instituted a delictual action
against her employer and Mr Gummy. Mr John, the CEO of the bank, and on behalf
of the employer, raised the defence that Mr Gummy was intoxicated and therefore
did not act when Ms Divine was attacked by his dog. Will the court uphold the
CEO’s defence? Fully discuss the merits of this defence with reference to its
theoretical background and relevant authority.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. 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.
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