PVL 3703
EXAM PACK
,PVL 3703
EXAM PACK 2017
BY TSITSI MUNYUKI
May/June 2015
Qn 1
The municipality of eThekwini is busy with excavations in the business center.
The Municipal workers do not erect any barrier or warning signs in the vicinity of
the excavations. Mrs. Ndlovu, who is near-sighted, falls into the excavations and
sustains serious injuries. She wishes to institute a delictual action against the
municipality. Was the conduct of the municipality wrongful? Discuss in detail.
[15]
The issue is whether the act of the municipality workers constituted wrongfulness?
An act can usually be wrongful if it has some consequence. The determination of
wrongfulness entails a dual investigation. Firstly it has to be ascertained whether
the perpetrator’s act was in fact the cause of a harmful result to another person and
secondly it must be ascertained whether the causing of harm took place in an
unreasonable or legally reprehensible way.
The first part of the investigation is easy to establish, however the second part of
whether the causing of the harm took place in an unreasonable or legally
reprehensible way this is dealt with by looking at the legal convictions of the
community (boni mores) If a person’s conduct is contra boni mores that is to say if
its contrary to the legal convictions of the community then that person would have
acted in a wrongful manner.
, The court follows an objective test based on reasonableness, based on legal
convictions of community and on all circumstances. The question asked is: Did the
defendant infringe interest of plaintiff reasonably or unreasonably? Court must
weigh conflicting interests in light of circumstances.
Legal convictions of community are to be taken as the legal convictions of policy
makers such as legislature and judges. Judge must define and interpret legal
EXAM PACK
,PVL 3703
EXAM PACK 2017
BY TSITSI MUNYUKI
May/June 2015
Qn 1
The municipality of eThekwini is busy with excavations in the business center.
The Municipal workers do not erect any barrier or warning signs in the vicinity of
the excavations. Mrs. Ndlovu, who is near-sighted, falls into the excavations and
sustains serious injuries. She wishes to institute a delictual action against the
municipality. Was the conduct of the municipality wrongful? Discuss in detail.
[15]
The issue is whether the act of the municipality workers constituted wrongfulness?
An act can usually be wrongful if it has some consequence. The determination of
wrongfulness entails a dual investigation. Firstly it has to be ascertained whether
the perpetrator’s act was in fact the cause of a harmful result to another person and
secondly it must be ascertained whether the causing of harm took place in an
unreasonable or legally reprehensible way.
The first part of the investigation is easy to establish, however the second part of
whether the causing of the harm took place in an unreasonable or legally
reprehensible way this is dealt with by looking at the legal convictions of the
community (boni mores) If a person’s conduct is contra boni mores that is to say if
its contrary to the legal convictions of the community then that person would have
acted in a wrongful manner.
, The court follows an objective test based on reasonableness, based on legal
convictions of community and on all circumstances. The question asked is: Did the
defendant infringe interest of plaintiff reasonably or unreasonably? Court must
weigh conflicting interests in light of circumstances.
Legal convictions of community are to be taken as the legal convictions of policy
makers such as legislature and judges. Judge must define and interpret legal
