Nelson R.
Mandela School of Law
FACULTY OF LAW
Department of Private Law
THE LAW OF DELICT
Module / Course Title: Law of Delict
Module / Course Code: LPD 312E/313E
Module / Course Credit Value: 16 credits
NQF Level: 7
Date of Faculty Approval: 6 August 1999
Date of Faculty Review: 30 June 1999
IMPORTANT CONTACT DETAILS
Person Name Office Tel Email address
Lecturer D. Humpel Online/ N/A dhumpel@[Link]
(East London) LLB, LLM cum Laude (UFH), 626
Communication/ Wednesdays 13:00 – 14:00, via eMail (current); MSTeams or in person (subject
Consultation to appointment confirmation)
Timetable Monday: 11:40 – 13:20 Aud 2
Wednesday: 10:45 – 12:25 Aud 2
PURPOSE, DESCRIPTION, ASSESSMENT OF THE DELICT MODULES (1st Semester)
The Law of Delict A (1st Semester) is an intensive introductory course designed to provide the student with
a competent understanding of the General Principles and Elements of Delict in the South African legal
system and to develop related academic and general legal skills in preparation for eventual post-graduate
research and/ or professional legal practice.
This section of the course will specifically provide a grounding in the five elements of a Delict, namely:
Conduct, Causation, Harm, Wrongfulness, and Fault, as well as a consideration of the nature and use of
Delictual Remedies, the determination of Quantum and simple Delict Claim Drafting.
The knowledge gained here will form the conceptual basis for an understanding of The Law of Delict, as
well as other applied areas of law (e.g., Medical Jurisprudence), both in their study and in practical
application through the provision of professional legal advice and services.
2
Linguistic skills, presentation skills, problem-solving, critical thinking, research skills, e-literacy, group/
teamwork and the management of voluminous information will be required and opportunities for further
development of related skills will be provided through authentic active-learning seminars and formative
tasks.
The Law of Delict A:
SECTION 1: SECTION 2: SECTION 3:
Introduction, Principles & Elements of Delict Delictual Remedies &
Concepts Compensation
1. Introduction, Principles & 1. Conduct 1. Delictual Remedies
Concepts 2. Causation 2. Quantum
2. Obligations: Contracts, Delicts 3. Harm
3. Delict and the Constitution 4. Wrongfulness
5. Fault
READINGS AND RESOURCES
The Prescribed Textbook and Companion Workbook for the Law of Delict are:
Neethling & Potgieter, The Law of Delict, latest Edition (2017), Lexis Nexis, Durban
Govindjee & Mahler-Coetzee, Law Lifeline: Law of Delict, Lexis Nexis, Durban, 2010
The following work, though not as up to date, is also recommended:
Midgely et al, Law of Delict, 2nd edition, Oxford University Press, Cape Town, 2012
OTHER ESSENTIAL READINGS/ CASES FOR THE GENERAL TOPICS
CONTENT TOPICS READING MATERIAL
Introduction to the Law of Delict
Delict vs. Crime & Breach of Contract FF Holtzhausen v Absa Bank Limited
The Constitution & Delict 280/03 (SCA)
Overview of conduct, wrongfulness, fault, Lillicrap Wassenaar & Partners v
causation, and harm. Pilkington Brothers SA Pty Ltd 1985 (1)
Importance of these elements in delictual SA 475 (A)
claims. Gardener v Whitaker 1994 (2) SA 672
(E)
Conduct
Definition and types: commission and omission. Carmichelle v Minister of Safety &
The Defence of Automatism. Security 2004 (3) 305 (SCA)
Voluntary conduct. Jooste v Minister of Police 1975 (1) 349
(E)
Minister of Police v Ewels 1975 (3) 590
(A)
2
3
R v Dhlamini 1955 (1) SA 120 (T)
S v Erwin 1974 (3) 438 (C)
Wrongfulness
Boni mores and objective reasonableness Pinchin v Santam 1963 (2) SA 254 (W)
Defences Lampert v Hefer 1955 (2) SA 507 (A)
o Necessity Esterhuizen v Administrateur, Transvaal
1957 (3) SA 710 (T)
o Private Defence
o Consent - Volenti non fit iniuria
o Official Capacity
o Provocation
Fault
Accountability and negligence. S v Chretien 1981 (1) SA 1097 (A)
Characteristics of the reasonable person test. S v Goosen 1989 (4) SA 1013 (A)
Apportionment of Damages Act 34 of
1956
Lampert v Hefer 1955 (2) A 507 (A)
Causation
Factual causation Road Accident Fund v Mtati 2005 (6) SA
o Conditio sine qua non 215 (SCA)
Legal causation
Novus Actus interveniens
Talem qualem - the egg-skull cases
Damage/ Harm
Patrimonial and non-patrimonial damages. De Jongh v Du Pisanie NO 2005 (5) SA
Quantum determination. 457 (SCA)
Masiba v Constantia Insurance 1982 (4)
SA 333 (C)
Remedies Deysel v Truter 2005 (5) SA 598 (C)
Actio Legis Aquiliae Ndamse v University College of Fort
Actio Iniuriarum Hare 1966 (4) SA 137 (E)
Action for Pain and Suffering Versekeringsmaatskapy SA Bpk v Uijs
NO 1993 (4) SA 228 (A)
ASSESSMENT PLAN (Semester 1)
Assessment plan will consist of
A minimum of two tests or a combination of tests and assignments or other tasks such as
presentations during the semester. These are aspects of the DULY PERFORMED elements of the
module and will make up the Semester DP Mark.
3
4
NOTE: Tests will be scheduled with advance notice of at least 1 week (per Announcement),
subject to the completion of a particular assessable section of the course.
FINAL MARK
Test 1 Test 2 Structured Research Assignment
25% + 25% + 50% = 100%
1. RULES and requirements during assessment activities
As per exam conditions and policy.
2. Self-assessment activities
As per seminar sheets, class tasks, etc. Use these as valuable tools to enhance your understanding of
your own progress.
NOTE: The University Rules and the Faculty Rules as published in the relevant Prospectus are read as
incorporated herein where relevant.
Special Note:
PLAGIARISM: The UFH Plagiarism Policy and Teaching & Learning Policy are specifically hereby
incorporated and you are DEEMED to be fully familiar with the concept of plagiarism and its consequences.
Plagiarism is the use of another’s words, writings, works, inventions or ideas as if they were your own i.e.
without attributing them properly (by reference/ citation) to the original author. Plagiarism is a form of
academic theft, is subject to disciplinary action, under which if found guilty, an aspirant legal practitioner
will be rendered ethically unfit to enter the legal professions.
AI USAGE: If the use of AI is detected in any student’s submitted work, the student will be required to
deliver a reflective presentation explaining their understanding of the submitted work. This will serve as an
opportunity to verify their engagement with the material and discourage improper use of AI tools.
Repeated violations may result in disciplinary action.
GENERAL OUTCOMES
Below are some general learning outcomes and associated assessment criteria for Delict.
Learning Outcomes: Associated Assessment Criteria:
Identify and critically analyse the elements of Define and explain the five elements of delict and their
a delict. application in South African law.
Apply general principles of delictual liability to Analyse hypothetical scenarios to identify delictual
hypothetical scenarios. issues and propose appropriate remedies.
Demonstrate the ability to engage with case Research, interpret, and critically discuss relevant case
law and statutory provisions relevant to the law and statutory provisions.
law of delict.
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5
Develop legal problem-solving skills tailored to Demonstrate problem-solving skills by resolving complex
practical delictual disputes. delictual disputes in assessments.
LEARNER SUPPORT/ ACADEMIC DEVELOPMENT
Learners will find support outside of the lecturer in the library, and the Student Development unit of the
Academic Development Centre. Peer-assisted Learning is possible upon request through the Writing Centre
of the Student Development Department of the Academic Development Unit for assignment and research
tasks.
GUIDANCE AND COUNSELLING SERVICES
Refer to the Student Counselling Services of the University
USING THE LIBRARY
As students in a senior LLB course it is expected that students are familiar with the support and services in
the Library. Library use will be crucial for the preparation of assessment tasks. Read read read as much as
you can about law and Delict especially!
EVALUATION
Student may complete and evaluation questionnaire at the end of the course.