Exam (elaborations)
PVL3702 October November Exam 2024
PVL3702 October November Exam 2024
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, Question 1:
1.1 A conduct is termed an act and serves as a fundamental prerequisite for
delictual responsibility. Conduct is defined as a voluntary human action or
inaction. For delictual liability to arise, there must be voluntary conduct, which
refers to an individual's ability to control their body motions according to their
will; in other words, they must be accountable for their acts. Voluntary does not
inherently imply that an act is devoid of coercion or that it must be a reflexive
movement; it signifies that the individual accountable for the act must possess
sound mental faculties, be free from epilepsy, and not be experiencing a cardiac
event. He or she must possess the ability to discern right from wrong and act in
accordance with their responsibilities. If an individual's acts do not satisfy the
aforementioned criteria for voluntary conduct, they will not be held accountable,
since their actions will be deemed non-conductual, hence precluding delictual
culpability. The motorist was involved in an accident, and medical professionals
indicated that he experienced an epileptic seizure at the time of the incident. This
action excludes voluntary human agency; therefore, no conduct was committed,
and automatism occurred on Brain's part, as he was unable to control his
muscular movements. Brian did not engage in actions pertinent to the law of
delict. However, automatism occurred.
1.2 The defence of automatism will fail if the perpetrator wilfully established the
circumstances that led to their involuntary actions causing harm to another (actio
libera in causa). Actio libera in causa refers to a scenario where an individual
intentionally or negligently places themselves in a circumstance that leads to the
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