PVL3703 PORTFOLIO MEMO/GUIDELINES - SEMESTER 2 - 2022 OCT./NOV. - UNISA (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY)

PVL3703 PORTFOLIO MEMO/GUIDELINES - SEMESTER 2 - 2022 OCT./NOV. - UNISA (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY) QUESTION 1 Lesego works as a messenger and driver for the University of Summer. Her job is to make deliveries on behalf of the University of Summer, mainly for the office of the principal, Prof Bontle. While driving at 100km/h along a freeway to make a delivery at the University of Winter, Lesego suffered a heart attack that caused her to lose consciousness immediately. Her vehicle swerved out of control and crashed into a car next to hers, moving in the same direction. Mpho, the driver of the other car, sustained bodily injuries and was hospitalised for a period of six months. After his discharge from hospital, Mpho instituted a delictual action against the University of Summer, the employer of Lesego. Prof Bontle on behalf of the University of Summer raised the defence that Mpho’s injuries were not caused by any conduct of its employee, Lesego, because at the time of the collision, Lesego was unconscious. Discuss the merits of this defence with specific reference to the theoretical background thereof. (15) QUESTION 2 Clearly differentiate between the wrongfulness criterion and the test for negligence. First explain what the two respective criteria entail, and then discuss the differences between them in detail. Question 3 A bright 13-year-old boy, named Thabo, took an interest in the construction of fireworks. He reached out to his father’s friend, who is a science Professor, to assist him to build fireworks for Christmas. Thabo and the Professor built a firework rocket in Thabo’s home backyard and launched it to test their creation. The rocket soared at excessive speed to a height of 220 meters, erupted into flames and fell onto the thatched roof of a lapa at a nearby tavern. The lapa burnt down. Can the standard negligence test, as it is usually stated in South African case law, be applied to Thabo and the Professor, or must the negligence test be adapted when applied to Thabo and the Professor respectively? Discuss in detail, with reference to relevant case law. (25) QUESTION 4 4.1 Simultaneously, but independent of one another, Mxolisi and Vusi shoot at Tau with heavy calibre pistols, both hitting Tau in the back of his head. (a) Apply the theory of conditio sine qua non to determine whether both Mxolisi and Vusi have caused Tau’s death. (4) (b) Should the application of this test yield an unsatisfactory result, is there a method by which it can be remedied? Discuss. (6) 4.2 List five theories of legal causation. (5) QUESTION 5 5.1 Concisely describe the ambit of the so-called “once and for all” rule and briefly indicate what the practical implications of its application are? (6) 5.2 Explain the concept of “mitigation of loss”. (2) QUESTION 6 Tom drove Connie’s sheep onto Jenni’s lucerne field, while mistakenly under the impression that it was Connie’s lucerne field. The sheep consumed the lucerne. Briefly discuss Jenni’s prospects of successfully instituting the actio de pastu against Connie. (6) QUESTION 7 Define defamation and list the requirements that constitute defamation. (5) QUESTION 8 8.1 A character- and career-assassinating statement about Daphne was posted on social media platforms, Twitter and Facebook, by Chuck. Daphne asked Chuck to remove the post, but he refused to do so, even after Daphne’s attorneys had sent him a letter instructing him to remove the post. According to Chuck, he purely detailed the truth. Daphne maintains that the statement is defamatory and makes her out to be a scammer, which she is not. It is also very harmful to her family, especially her elderly mother who is a staunch Christian. What is Daphne’s most immediate remedy? State the purpose of this remedy and list the requirements that must be met for the court to grant this remedy. (5) 8.2 Assume that Chuck persists in his refusal to remove the post. As a result of the posts on Twitter and Facebook, Daphne’s reputation is damaged. The post caused rumours to circulate and Daphne, being a well-known lawyer, lost many of her clients and respect from her colleagues and community. In addition, assume that Chuck’s post was unfounded. Which action(s) may Daphne institute against Chuck? (2) QUESTION 9 Write brief notes on the determination of the element of wrongfulness in respect of the causing of emotional shock or psychological injury. (4) TOTAL PAPER: [100]