PVL3703
Assignment 3 Semester 1 2024
Detailed Solutions, References & Explanations
Unique number: 576663
Due Date: 23 April 2024
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Question 1
One of the attractions at Wonderland Zoo is a train ride that takes customers to and from
different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining
the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a
ride on the train. The operator of the train requests the persons boarding the train to fasten
their safety belts. However, Avril decides not to fasten her safety belt, because she wants to
take good selfie pictures during the ride. During the ride, the train breaks down and comes to
an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a
broken arm and is hospitalised. After four days, Avril is discharged, but on her way out of the
hospital, she slips on some oily substance on the floor and falls. Due to the fall, Avril
sustains a broken leg. Select the best option in respect of Avril’s broken arm:
a.
There is a factual as well as a legal causal link between Sipho’s conduct and Avril’s broken
arm.
b.
There is no causal link between Sipho’s conduct and Avril’s broken arm.
c.
There is only a factual causal link between Sipho’s conduct and Avril’s broken arm.
d.
There is only a legal causal link between Sipho’s conduct and Avril’s broken arm.
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Question 2
Which one of the following cases dealt explicitly with the sequence in which the elements of
delictual liability should be considered?
a.
_Kruger v Coetzee_ 1966 2 SA 428 (A).
b.
_Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus
curiae)_ 2003 1 SA 389 (SCA).
c.
_First National Bank of South Africa Ltd v Duvenhage_ 2006 5 SA 319 (SCA).
d.
_S v Goliath_ 1972 3 SA 1 (A).
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Question 3
Musa, a financial adviser, negligently advises Hector to make a bad investment. As a result
of this, Hector suffers a serious financial setback. However, there is no damage to Hector’s
person or property. Which one of the following delictual remedies may be available if Hector
wishes to recover his financial loss from Musa?
a.
The action for pain and suffering.
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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b.
The interdict.
c.
The _actio iniuriarum_.
d.
The _actio legis Aquiliae_.
Question 4
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Question text
Percy stalks Priscilla and photographs her from a distance with a powerful telephoto lens. If
Priscilla discovers this and wishes to institute a delictual action against Percy, she would
need to prove that Percy had the following form/s of fault (select the best option):
a.
Intention or negligence.
b.
Negligence.
c.
It is not necessary to prove any form of fault because liability would be strict.
d.
Intention.
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Question 5
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Question text
One of the attractions at Wonderland Zoo is a train ride that takes customers to and from
different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining
the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a
ride on the train. The operator of the train requests the persons boarding the train to fasten
their safety belts. However, Avril decides not to fasten her safety belt, because she wants to
take good selfie pictures during the ride. During the ride, the train breaks down and comes to
an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a
broken arm and is hospitalised. Avril institutes a delictual claim against Wonderland Zoo for
her broken arm and hospital costs. Wonderland Zoo may rely on the following defence:
a.
_Volenti non fit iniuria_.
b.
The_ _“_talem qualem_”_ _rule.
c.
The “mitigation” of loss rule.
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.
, +27 67 171 1739
d.
Contributory negligence.
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Question 6
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Daniel insulted Sifiso through a WhatsApp message. Sifiso, after reading the WhatsApp
message, got into his car and drove to Daniel’s place of work. Upon entering the premises of
Daniel’s place of work, Sifiso saw Daniel sitting in the cafeteria having lunch with his
colleagues. Sifiso walked towards Daniel, called him a fraud, a thief, and punched him in his
face. As a result of the impact of the punch, Daniel fell onto the glass dining table shattering
it to pieces. He sustained bodily injuries requiring hospitalisation. It transpired that even
though Daniel insulted Sifiso, Daniel did not commit fraud or steal anything. If Daniel wishes
to institute a delictual claim against Sifiso, the question whether there was fault on the part
of Sifiso will be answered with reference to the following:
a.
Infringement of a subjective right.
b.
Breach of a legal duty.
c.
Directing the will combined with consciousness of wrongfulness.
d.
The question whether the reasonable person would have foreseen and prevented the harm
in the circumstances.
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According to case law, if a motor vehicle is involved in an accident, the failure of a
passenger in that motor vehicle to fasten their seat belt:
a.
Can never constitute contributory negligence for the purpose of an apportionment of
damages.
b.
Can constitute contributory negligence for the purpose of an apportionment of damages
only if such failure contributed to the passenger’s injuries.
c.
Will always constitute contributory negligence for the purpose of an apportionment of
damages.
d.
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.
