EXAMPLES: EXAM QUESTIONS PVL3703

QUESTION 1
1.1 Write brief notes on the similarities and differences between breach of contract
and delict. (5)

1.2 Write brief notes on the indirect application of the Bill of Rights to the law of delict.
(5)

QUESTION 2
X is involved in an accident whilst driving his car. When he regains consciousness, he
has no recollection of how the accident took place. He is hospitalised, and during
treatment for head injuries the doctors determine that he suffered an epileptic fit at the
time of the accident. The car of Y, the other person involved in the accident, is badly
damaged. Can it be said that it was conduct on the part of X that damaged Y’s car?
Will it make a difference to your answer if X had been receiving treatment for epilepsy
before the accident, but had failed to take his medicine for several days before the
accident took place? Discuss. (15)

QUESTION 3

In a certain town, the paved sidewalks are in a poor condition due to erosion. Several
holes and furrows have developed in the sidewalks. The municipality neglects to repair
the sidewalks, despite requests to this effect by several of the residents. One day Mrs
M, an aged resident, inadvertently steps into a hole in a sidewalk, falls, and suffers
serious injuries for which she is hospitalised for a month. Mrs M wishes to recover
damages from the municipality in a delictual action. Discuss only whether the conduct
of the municipality was wrongful. Refer in your answer to relevant case law. (20)

QUESTION 4
X stops at a busy filling station to fill up with petrol. While waiting for a pump attendant,
he sees another person driving off and throwing a cigarette butt out through the car
window. An explosion takes place, and the next moment there is a fire in the driveway
close to one of the petrol pumps. X realises that the cigarette butt has ignited some
petrol that has been spilt there. Having a quick look around, X sees a hosepipe which
is usually used to wash cars. He opens the tap widely and sprays water on the fire.
However, the water does not extinguish the fire. Rather, the burning petrol starts to
float on top of the water, and is driven by the force of the water stream from the
hosepipe to a position under a car belonging to Y, another customer at the filling
station. Y’s car catches fire, and by the time the pump attendants have managed to
extinguish the fire with foam fire extinguishers, the car is badly damaged. Y wants to

Open Rubric
recover the damage to his car from X. Answer questions 4.1 and 4.2 in respect of this
set of facts.
4.1 Was X’s conduct wrongful? Discuss with reference to the test(s) for
wrongfulness and a possible defence that X might want to raise. (15)

4.2 Now assume that X had indeed acted wrongfully. Was X negligent? Discuss
with reference to the test for negligence and a possible defence that X might
want to raise. (15)

QUESTION 5
Benny, a thirteen-year old boy, takes pot shots with his catapult at an empty can in the
backyard of his parent’s house. He misses and hits an extremely expensive sculpture
in the neighbours’ garden instead. The sculpture is now badly damaged. Discuss only,
but in detail, whether Benny was negligent, referring to relevant case law. (20)

QUESTION 6

X gives Y a lift in her car. Whilst driving, X talks continuously on her cell-phone, and
also touches up her make-up. She collides with a tree. Y, who had not fastened her
seat-belt, is injured in the accident. She is hospitalised and incurs hospital costs of
R10 000. It transpires that if Y had fastened her seat-belt, her hospital costs would
have totalled R6 000. Y institutes a damages claim of R10 000 against X. X
approaches you for legal advice. Advise X, referring to applicable legislation and case
law. (Assume for the purpose of your answer that the parties agree that the elements
of conduct, wrongfulness, damage and causation are present and need not be
contested. Also assume for the purpose of your answer that the provisions of the Road
Accident Fund Act are not applicable, and that only principles of the law of delict need
to be discussed.) (15)

QUESTION 7
Joe is in a hurry. He knocks over a ladder on which Charles, a painter, was standing.
Charles falls and breaks his left leg. Charles’s leg is set in plaster and the hospital
issues him with crutches. At home he slips with the crutches and breaks his right arm.
Answer the following questions:
7.1 Was there a factual causal link between Joe’s conduct and Charles’s
broken arm? Discuss. (10)
7.2 Was there a legal causal link between Joe’s conduct and Charles’s broken
arm? Discuss in detail, referring to applicable case law. (15)

QUESTION 8
8.1 What is meant by the “once-and-for-all” rule? Explain briefly. (2)
8.2 What is meant by the “sum-formula approach”? Explain briefly. (2)

QUESTION 9

Joe is employed by Alex, who owns the Flowers-to-make-you-smile florist business.

Acting on the Alex’s instruction, Joe departs in the Flowers-to-make-you-smile van to
deliver flowers to Denise, who has placed a large order. While driving, Joe types a text
message for a friend on his phone. He loses control of the vehicle and smashes into
Barbara’s roadside stall, where she sells home-made ginger beer. The stall is badly
damaged, and Barbara’s entire stock of ginger beer is destroyed. Joe’s finances are
in dire straits. Can Barbara institute an action against Alex, rather than Joe? Discuss
briefly. (5)

QUESTION 10
10.1 Name four specific forms of damnum iniuria datum.(2)
10.2 How do the courts determine whether defamatory statements are wrongful?
Discuss briefly. (4)
10.3 Name the requirements for the actio de pauperie. (4)