EXAMINATION PAPER

MAY/JUNE 2022

MODULE LAW OF DELICT DATE 31 MAY 2022

MODULE CODE LOD301 TIME: 09H00

Assessor Adv Jacques Nieuwoudt DURATION THREE (3) HOURS

Moderator Adv Annelize Nagtegaal

MODULE-SPECIFIC INSTRUCTIONS
1. Answer all the questions unless otherwise instructed.
2. Read the questions carefully before attempting their answers.
3. You may answer questions in any sequence, but you must keep the numbers the same as in this
examination paper.
4. Clearly number the questions and any sub-questions, using the same numbering as used in this
examination paper.
5. Draw a line after each completed question. If you decide to change the answer to a question, a
clear line must be drawn through the answer you do not want to have assessed.
6. Rough work – Do this in your examination answer book and clearly indicate that it is not part of
your answer by drawing a line through the rough work after you have answered the question.

GENERAL INSTRUCTIONS
1. Notes, files, textbooks or any other such aids are not allowed in the examination room.
2. Mobile phones (cell phones), computers and iPads/tablets are not allowed.
3. Calculators are allowed.
4. Please remember to write your name, surname and student number on the examination script
(answer book).
5. Use only a black or a blue pen. Do not use a pencil to answer questions.
6. By accepting this examination script, you agree to abide by STADIO’s Rules and Regulations,
including those governing examinations.

DO NOT TURN THIS PAGE UNTIL INSTRUCTED TO DO SO!

Question 1 [10]
X was involved in a motor vehicle collision with Y. The accident occurred when their
vehicles approached each other from opposite directions, Y’s car swerved on to the
incorrect side of the road, where it collided with X’s vehicle. Y said he was overcome by
a sudden, unforeseen and uncontrollable blackout. He attributed the blackout to a fall in
a supermarket earlier on the morning of the accident for which he received treatment at
the hospital. As X’s lawyer, you need to advise X on possible delictual liability.

Question 2 [10]
In answering Question 1, you needed to follow a systematic approach to delictual
problem solving. Discuss the general acceptable systematic approach in solving
delictual problems.

Question 3 [10]
Name and briefly describe the three forms of intent and provide appropriate examples

Question 4 [15]
Mr X and his wife Mrs Y went to a holiday resort. When Mr X went up a high slide, he
slipped and fell from the top of the slide, broke his neck and died. There were no
railings next to the steps leading up to the high slide or at the top of the slide. The stairs
were slippery and the owners did not remove excess water which caused the slippery
stairs. Mrs Y approaches you for advice. She wants to know if she would be successful
with a delictual claim against the owners of the holiday resort as she is of the opinion
that they were careless and everybody could see the slide was dangerous and some
protective measures should be taken. Advise Mrs Y on the possible success of such a
claim.

Question 5 [20]
Clark Clumsy is very late for work and runs to the train station to catch the Gautrain.
Whilst running, Clark fails to keep a proper lookout and bumps into Betty Badluck.
Although Betty Badluck appears to be normal, she suffers from osteogenesis
imperfecta, also known as brittle bone disease, which is a genetic disorder that causes
weak bones that break easily. When Clark Clumsy bumps into Betty Badluck, she falls
and breaks a leg. A normal person would not have broken her leg from such a slight
bump and fall. Betty Badluck is admitted to hospital, her leg operated on and put in a
cast to heal properly. When she was discharged from hospital, she was given crutches
to assist her to walk. The doctor told her not to put unnecessary weight on the leg. Two
weeks later, while using her crutches, she slips on a smooth floor because the crutches
did not have rubber tips. She broke her leg again with the fall, which needs a second
operation to repair.
Is there a factual and legal causal link between Clark Clumsy’s conduct and Betty
Badluck’s damages? Only refer to the element of causation in your answer.

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LOD301 – LAW OF DELICT
EXAMINATION PAPER – MAY/JUNE 2022

Question 6 [15]
Mr X, an avid soccer player is injured during a soccer game when Mr Y, a player from
the other team kicks him in the face and causes serious injuries to Mr X. Mr X wants to
claim delictual damages from Mr Y. Mr Y is of the opinion that Mr X agreed to the rules
of the game and cannot succeed with his claim. Identify the delictual legal principle in
the scenario and advise Mr Y on the success of his defence.

Question 7 [20]
Discuss accountability as a prerequisite for finding a person blameworthy when
establishing delictual liability and discuss the defences to exclude accountability. In
your answer briefly refer to applicable case law.

EXAMINATION TOTAL: [100]

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