PVL3703 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1

PVL3703 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 QUESTION 1 John works in the control tower at the Takeflight Airport. He suffers from a rare disease that causes unexpected blackouts. However, he is on prescription medicine that effectively eliminates the possibility of the blackouts. On one particular day, he does not take his medicine. In the control tower, he has a blackout and is unable to give the necessary instructions to departing and arriving aircraft. A catastrophic aeroplane accident takes place during his blackout because no instructions were forthcoming. A potential plaintiff approaches you for a legal opinion. Write an opinion on the question whether John’s behaviour qualified as conduct for the purpose of delictual liability. (10) QUESTION 2 At the Shop-Till-You-Drop Shopping Mall, hand sanitizer dispensers have been installed at all the pedestrian entrances. Notices have been placed near the dispensers, in which customers are urged to sanitize their hands at the dispensers before entering the mall. At Entrance B, the dispenser has been malfunctioning for half a week. It spills sanitising liquid onto the floor, in such large quantities that the liquid does not evaporate immediately, but forms a small puddle around the base of the dispenser. Because the lighting at Entrance B is rather on the dim side, the puddle is not readily visible unless one specifically looks out for it. The management of the mall is aware of this situation, but does not do anything about it. Ms C is an elderly lady whose eyesight is not very good, and she is not particularly steady on her legs, but she loves shopping. She arrives at entrance B, reads the notice, and proceeds to sanitize her hands. This requires her to put her one foot on a pedal and push down on it to activate the dispenser. As she attempts to do this, she slips in the puddle and falls. She sustains serious injuries and is hospitalised. After a long and costly bout in hospital, she is discharged. Ms C wishes to institute an action for damages against the management of the Shop-Till-You-Drop Shopping Mall, and approaches you for legal advice. Write an opinion, properly substantiated with reference to case law, only on the wrongfulness of the conduct of the management of the Shop-Till-You-Drop Shopping Mall. (30) QUESTION 3 Mike hires a mountain bike from the Steadywheels Mountain Bike Park and goes for a ride on one of the mountain bike trails in the Park. Even though Mike’s safety helmet is in the boot of his car, he neglects to put on his helmet before he goes for the ride. Along a steep part of the trail, the front wheel of the rental bike suddenly comes off. Mike falls and sustains serious injuries. It transpires that David, an employee of Steadywheels, had not fastened the front wheel of the bike properly when he had serviced it. In addition, it transpires that Mike’s injuries would have been substantially less serious if he had worn his helmet. Mike wants to institute a delictual claim against Steadywheels. Write a properly substantiated opinion on the feasibility of such a claim: (a) You may accept that Steadywheels will argue that there was no fault on its part and will not contest the other elements of delictual liability. (b) In addition, you should also consider whether any defence is available to Steadywheels and what the effect of such a defence, if available, would be. (c) Furthermore, you should give an opinion on the fact that Mike’s claim will be instituted against Steadywheels, rather than David. (30) QUESTION 4 Tom inadvertently knocks over a ladder on which William is standing while painting a wall. William falls and breaks a leg. In the hospital, the leg is set in plaster, William is issued with crutches, and is discharged. At home, William slips with the crutches and falls again, breaking an arm. Discuss only the following: (a) whether there is a factual causal link between Tom’s conduct and William’s broken arm; and (b) whether there is a legal causal link between Tom’s conduct and William’s broken arm. (15) QUESTION 5 Jenna asks Connie to look after her dog while she is away on vacation. Connie takes the dog for a walk in the park. She orders the dog, which is well-trained, to bite Ben, against whom she bears a grudge. The dog immediately attacks Ben. Ben hits the dog over the head with a baseball bat, killing the dog. On returning from her vacation, Jenna institutes a claim for damages against Ben. Ben does some internet research, but he is not sure whether to rely on private defence or necessity. Which one of these two grounds of justification would you recommend to Ben, and why? (5) QUESTION 6 Jane’s dog bit Carol, inflicting serious injuries. Jane was not negligent in any way. Name the action with which Carol can claim damages from Jane, and list the requirements to succeed with this action. (5) QUESTION 7 Name 3 grounds of justification that are applicable in defamation law. (3) QUESTION 8 Defamation is a specific form of iniuria. Name 2 other forms of iniuria. (2)