Podcast
Questions and Answers
Which element is NOT required to establish a claim in delict?
Which element is NOT required to establish a claim in delict?
- Mala fides (correct)
- Conduct
- Wrongfulness
- Culpability
What constitutes 'conduct' in the context of delictual liability?
What constitutes 'conduct' in the context of delictual liability?
- Only intentional acts that cause harm.
- A voluntary human act or omission. (correct)
- Any action or inaction, whether voluntary or involuntary, that causes damage.
- Any involuntary physical movement that results in harm.
In delictual law, which of the following scenarios would most likely NOT be considered a 'voluntary' act?
In delictual law, which of the following scenarios would most likely NOT be considered a 'voluntary' act?
- A person throws a punch in anger during a heated argument.
- A person intentionally damages property during a protest.
- A person consciously swerves to avoid an animal, hitting another car.
- A person harms someone during an epileptic fit. (correct)
Under what circumstances can a juristic person (like a company) be held liable for delictual conduct?
Under what circumstances can a juristic person (like a company) be held liable for delictual conduct?
What must a plaintiff prove to establish that the defendant's conduct was voluntary?
What must a plaintiff prove to establish that the defendant's conduct was voluntary?
Which defense excludes voluntariness?
Which defense excludes voluntariness?
In the context of conduct, what is 'vis absoluta'?
In the context of conduct, what is 'vis absoluta'?
Under which condition is the defendant required to prove their conduct was involuntary.
Under which condition is the defendant required to prove their conduct was involuntary.
Which scenario is the best example of sane automatism?
Which scenario is the best example of sane automatism?
In which situation would the defense of sane automatism most likely be unsuccessful?
In which situation would the defense of sane automatism most likely be unsuccessful?
What does the term 'actio libera in causa' refer to?
What does the term 'actio libera in causa' refer to?
Which of the following scenarios best exemplifies the principle of 'actio libera in causa'?
Which of the following scenarios best exemplifies the principle of 'actio libera in causa'?
In the context of delict, what is the primary distinction between a commission and an omission?
In the context of delict, what is the primary distinction between a commission and an omission?
When is liability for an omission most likely to be imposed?
When is liability for an omission most likely to be imposed?
Which of the following scenarios illustrates an omission that could potentially result in delictual liability?
Which of the following scenarios illustrates an omission that could potentially result in delictual liability?
Which of the following scenarios best demonstrates 'culpa in faciendo'?
Which of the following scenarios best demonstrates 'culpa in faciendo'?
How are omissions generally treated differently from commissions in delictual law?
How are omissions generally treated differently from commissions in delictual law?
In the case of Molefe v Mahaeng, what legal principle was most relevant to the court's judgment regarding the defendant's sudden blackout?
In the case of Molefe v Mahaeng, what legal principle was most relevant to the court's judgment regarding the defendant's sudden blackout?
Mr. Adams has an epileptic fit while driving leading to an accident but explains that he has no idea what happened and no recollection of the accident. What must Mr. Adams prove to avoid delictual liability?
Mr. Adams has an epileptic fit while driving leading to an accident but explains that he has no idea what happened and no recollection of the accident. What must Mr. Adams prove to avoid delictual liability?
Luke is on medication for a mental disorder and fails to take his medication for several days before the fight. What principle would most likely prevent Luke from successfully raising the defence of automatism?
Luke is on medication for a mental disorder and fails to take his medication for several days before the fight. What principle would most likely prevent Luke from successfully raising the defence of automatism?
A driver has a heart attack while driving, causing him to lose control of his car and crash into a pedestrian. Which defense related to 'conduct' would the driver most likely raise in a delictual claim brought by the pedestrian?
A driver has a heart attack while driving, causing him to lose control of his car and crash into a pedestrian. Which defense related to 'conduct' would the driver most likely raise in a delictual claim brought by the pedestrian?
A security guard sees a person slip and fall on a wet floor in a shopping mall but does nothing to help or warn others. Under what circumstances could the security guard be held delictually liable for their omission?
A security guard sees a person slip and fall on a wet floor in a shopping mall but does nothing to help or warn others. Under what circumstances could the security guard be held delictually liable for their omission?
A homeowner starts a controlled fire in their backyard to burn some leaves, but then gets distracted and fails to prevent the fire from spreading to their neighbor's property causing damage. Which of the following legal concepts best describes the homeowner's conduct in relation to the damage caused to the neighbor's property?
A homeowner starts a controlled fire in their backyard to burn some leaves, but then gets distracted and fails to prevent the fire from spreading to their neighbor's property causing damage. Which of the following legal concepts best describes the homeowner's conduct in relation to the damage caused to the neighbor's property?
Which statement best describes the burden of proof in a delictual claim?
Which statement best describes the burden of proof in a delictual claim?
Flashcards
Burden of Proof in Delict
Burden of Proof in Delict
The person alleging damage/loss must prove it on a balance of probabilities, establishing the 5 delict elements.
Conduct in Delict
Conduct in Delict
A voluntary human act or omission that causes damage and qualifies as conduct in delict.
Voluntary Act
Voluntary Act
An act is voluntary if a person consciously decides to move a part of their body, and the movement follows that desire.
When Conduct is Involuntary
When Conduct is Involuntary
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Sane Automatism
Sane Automatism
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When Sane Automatism Fails
When Sane Automatism Fails
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Actio Libera in Causa
Actio Libera in Causa
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Commission
Commission
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Omission
Omission
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Culpa in Faciendo
Culpa in Faciendo
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Omission Liability
Omission Liability
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Study Notes
- Learning Unit 2 is about conduct
Prescribed Material
- Prescribed material includes Chapter 5 and 14
- Key cases include Mashongwa v Passenger Rail Agency of South Africa 2016 3 SA 528 (CC), Molefe v Mahaeng 1999 1 SA 562 (SCA), and Stedall and Another v Aspeling and Another 2018 2 SA 75 (SCA)
Learning Objectives
- Identify the characteristics of the act or conduct required for delictual liability
- Understand the concept of voluntariness
- Explain the defence that excludes voluntariness and what it entails
- Identify the conditions that may cause a person to act involuntarily
- Discuss the effect that the actio libera in causa has on liability
- Discuss the relevance of the distinction between a positive act (commission) and an omission
- Distinguish between an omission and deficient positive conduct (culpa in faciendo) using examples
- Apply the legal principles relating to the element of conduct to a set of facts, referencing relevant authority
Fundamental Legal Premise
- The person who alleges that they have suffered damage/loss at the hands of another must prove that on a balance of probabilities
- Any claim in delict requires establishing these 5 elements: conduct, wrongfulness, culpability, causation, and damages
Conduct in Delict
- Defined as a voluntary human act or omission.
- Each of these elements must be present to qualify as conduct that caused damage in delict.
So the conduct must be human?
- Think about whether a company or juristic person can be held liable in delict, even if conduct must be human
- Consider what happens if your dog escapes and bites someone
Voluntariness
- An act is voluntary if it is willed, meaning the person consciously decides to move a part of their body, and the movement follows from that desire
- Note that voluntariness does not relate to intention
Lack of Voluntariness
- Conduct is not voluntary in cases of compulsion (absolute force)
- Sane automatism involves lacking the mental ability to control muscular movements (e.g., sneezing fit), unconscious states (e.g., sleepwalking, epileptic fit), etc
- The plaintiff must prove that conduct was voluntary during sane automatism
- Mental illness is when the defendant must prove that they suffered from a condition that made their conduct involuntary.
Sane Automatism
- Sane automatism can be caused by sleep, heart attack, hypnosis, mental disease (GAD, PTSD, OCD), strong emotional pressure, reflex, blackout, serious intoxication, fainting fit, and epileptic fit.
When the Defence of Sane Automatism Will Not Work
- Cases involve impulsive or spontaneous acts (e.g., reacting to a bee sting while driving)
- Cases involved intentional prior conduct (actio libera in causa)
- Cases involved negligent prior conduct
Actio Libera in Causa
- Occurs where a person deliberately puts themself into a state of automatism before committing a delictual or criminal act
Commission vs Omission
- Commission is a positive act such as driving a car, throwing a punch, pushing someone down the stairs, or shooting a firearm
- Omission is a failure to act.
- Many omissions are indications of legally deficient positive conduct
Examples of Omission
- Example of X seeing a child drowning and failing to offer assistance, even if they are a strong swimmer and their life isn't in danger
- Liability for an omission is more restricted than for a positive act
- A legal duty is needed to act positively to prevent damage to another.
Commission (Positive Act) vs Omission (Negative Act)
- Context determines the legal nature of the conduct, generally
- Omission occurs when X has a legal duty to act positively to prevent harm to Y
- Culpa in faciendo occurs when X fails to take certain measures in the course of an activity that X is already involved in
Scenarios
- Mr. Adams has a car accident due to an epileptic fit, which caused a blackout, but it was brought on by a painkiller he was taking as prescribed by a doctor.
- Luke is on medication for a mental disorder and becomes violent after not taking it. He then beats up Wesley.
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