Exam (elaborations)
PVL3703 EXAM SEMESTER 1 2023
- Course
- PVL3703 (PVL3703)
- Institution
- University Of South Africa (Unisa)
QUESTIONS AND ANSWERS PVL3703 EXAM SEMESTER 1 2023
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lOMoAR cPSD| 24668432+254792947610
PVL3703
EXAM
SEMESTER 1
2023
QUESTIONS WITH DETAILED ANSWERS
, lOMoAR cPSD| 24668432
PVL3703 EXAM SEMESTER 1 2023
UNIVERSITY EXAMINATIONS
May/June 2023
PVL3703
Law of Delict
100 Marks
Duration 4 Hours
First examiner: Prof JC Knobel; Prof M Mokotong
Second examiner: Prof CJ Pretorius
This paper consists of seven (7) pages.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
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 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)
QUESTION 2
Chad had a rape charge pending against him. While awaiting trial, he was released on bail. Anna and her mother,
Beatrice, regarded Chad as dangerous and were very concerned. They requested the police and the prosecutors to
ensure that Chad was kept in custody pending his trial, but their requests were unsuccessful. Soon thereafter, Chad
seriously assaulted Anna. Anna now wishes to institute a delictual claim against the state, based on the alleged
failure of the police and prosecutors to protect her against Chad.
Discuss only, but in detail, whether the conduct of the police and prosecutors was wrongful. (25)
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