First examiners: Prof R Ahmed, Prof JC Knobel, Prof M Mokotong.
Second examiner: Prof CJ Pretorius
This paper consists of 8 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
, lOMoAR cPSD| 47389193
This is a closed-book
examination
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
REFER TO CASE LAW AND STATUTORY LAW WHERE RELEVANT.
, lOMoAR cPSD| 47389193
QUESTION 1
Lerato while taking her routine morning jog in her neighbourhood was attacked by Jabulani's
fierce rottweiler dog, named Butch. Butch charged at Lerato unexpectedly. Lerato, a licensed
firearm owner, fearing for her safety shot and killed Butch. Bearing the aforesaid in mind, answer
the following questions:
1.1 Discuss with reference to authority if Butch’s attack on Lerato qualifies as conduct for the
purposes of delictual liability. (5)
1.2 Discuss with reference to authority whether Lerato may rely on private defence or necessity
as a ground of justification if Jabulani wants to hold Lerato delictually liable for killing his dog.
Comprehensively distinguish in your answer between the two grounds of justification,
referring to their definitions as well as all their requirements, before arriving at a conclusion.
(20)
1.3 Would your answer to 1.1 and 1.2 above differ if it appeared that Jabulani had incited Butch
to attack Lerato? Do not repeat all the differences between the two grounds of justification
but substantiate your answer briefly with reference to your explanation of the differences in
the previous answer. (5)
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