PVL3703 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 11 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
QUESTION 1
Brian, a school bus driver, is involved in an accident on his way back from transporting students to their respective schools. His school b...
Brian, a school bus driver, is involved in an accident on his way back from
transporting students to their respective schools. His school bus swerved into
the oncoming lane and collided with Thabo’s car. As a result of this accident,
Brian sustained serious head injuries and became unconscious, while Thabo’s
car was left badly damaged. Brian was subsequently hospitalised and
eventually regained consciousness. However, he has no recollection of how the
accident occurred. During the treatment for his head injuries, the medical
practitioners determined that Brian suffered an epileptic fit (a seizure) at the time
of the accident.
1.1 Discuss with reference to relevant authority whether Brian indeed “acted”
for the purposes of the law of delict. Restrict the scope of your answer to what
is asked in the question and note in particular that the question deals with the
element of conduct. (15)
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