Exam (elaborations)
PVL3703 EXAM SEMESTER 2 2023
- Course
- PVL3703 (PVL3703)
- Institution
- University Of South Africa (Unisa)
PVL3703 EXAM SEMESTER 2 2023 (OCT EXAMS) QUESTIONS AND ANSWERS
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lOMoAR cPSD| 24668432PVL3703 EXAM
SEMESTER 2 2023
ANSWERS
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, lOMoAR cPSD| 24668432
PVL3703 EXAM SEMESTER 2 2023
OCTOBER EXAMINATION
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
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 involves a voluntary act or omission by a human being. "Voluntary" means a
person can control their muscular movements with their own will. A wrongdoer must act
voluntarily in order to be liable for delict. According to law, automatism is a defence that a
Lesego (defendant) can use to demonstrate that he didn't act. Lesego (defendant) may
argue that the conduct complained of does not satisfy the requirement of voluntariness. In
order to defend herself, she will invoke the notion of automatism in that she acted
mechanically. There are several conditions that can cause someone to act involuntarily:
absolute compulsion, sleep, unconsciousness, fainting fits, epileptic fits, serious
intoxication, blackouts, reflex movements, heart attacks, hypnosis, emotional pressure, or
metal disease. There must not have been an intention to harm another person when the
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