PVL3703/101/3/2021

Tutorial Letter 101/3/2021

Law of Delict
PVL3703

Semesters 1 and 2

Department of Private Law

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 3
2.1 Purpose ........................................................................................................................................ 3
2.2 Outcomes ..................................................................................................................................... 3
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 4
3.1 Lecturer(s) .................................................................................................................................... 4
3.2 Department ................................................................................................................................... 5
3.3 University ...................................................................................................................................... 5
4 RESOURCES ............................................................................................................................... 6
4.1 Prescribed book(s) ........................................................................................................................ 6
4.2 Prescribed cases .......................................................................................................................... 7
4.3 Recommended book(s) ................................................................................................................. 7
4.4 Electronic reserves (e-reserves) ................................................................................................... 7
4.5 Library services and resources ..................................................................................................... 7
5 STUDENT SUPPORT SERVICES ................................................................................................ 8
6 STUDY PLAN ............................................................................................................................... 8
7 ASSESSMENT ............................................................................................................................. 8
7.1 Assessment criteria....................................................................................................................... 8
7.2 Assessment plan .......................................................................................................................... 8
7.3 Assignment numbers .................................................................................................................... 9
7.3.1 Unique assignment numbers ........................................................................................................ 9
7.4 Assignment due dates .................................................................................................................. 9
7.5 Submission of assignments .......................................................................................................... 9
7.6 The assignments ........................................................................................................................ 10
7.7 The examination ......................................................................................................................... 16
8 COMMON MISTAKES MADE BY STUDENTS IN THE EXAMINATION .................................... 18
9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 19
10 IN CLOSING ............................................................................................................................... 20

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 PVL3703/101/3/2021

Dear Student

1 INTRODUCTION
Welcome to this module, the Law of Delict. We hope that you will find your study of the law of
delict interesting and rewarding.
This tutorial letter contains important information concerning this module. You will find
information on tutorial material, assignments, administrative procedures and other important
matters here.
Your study material for this module will include:
• Tutorial Letters 101 and 201, provided by Unisa
• A Study guide, provided by Unisa
• One textbook, which you must buy from the booksellers
Some of this study material may not have been available when you registered. Study material
that was not available when you registered will be posted to you as soon as possible, but is also
available on myUnisa.

2 PURPOSE AND OUTCOMES

2.1 Purpose
The purpose of this module is for students to gain knowledge, skills, attitudes and
competencies. To analyse and solve problems relating to the general principles of the law of
delict and specific forms of delict.

2.2 Outcomes
Students must achieve the following outcomes:
Outcome 1:
Identify and understand the role of the general principles of the law of delict and specific forms
of delict in current South African law and everyday life.
Outcome 2:
Demonstrate an understanding of the history and theoretical framework of, and the most
pressing and prevalent issues regarding the general principles of the law of delict and specific
forms of delict.

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Outcome 3:
Apply the principles of the law of delict in practical situations and solve multi-dimensional legal
problems associated with the law of delict.
Outcome 4:
Understand the legal methods of enquiry and research in the law of delict.

3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
Please understand that the lecturers cannot assist you with registration queries, financial
matters, where to purchase books from and so on. In terms of UNISA’s policies and procedures
as well as for ethical reasons, the lecturers are not involved with the remarking of examination
papers. This is managed by the Examination Department and the examination papers are
remarked by subject experts outside of UNISA. The lecturers assist you with the content of the
module PVL3703. All queries that are not of a purely administrative nature, but are about
the content of this module should be sent to us. Please have your tutorial material with you
when you contact us by telephone.
Letters should be sent to:
The Lecturer (PVL3703)
Department of Private law
PO Box 392
UNISA
0003

PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into
assignments.

You may contact us by telephone or email:

Prof JC Knobel 012 429-8352 knobejc@unisa.ac.za

Prof M Mokotong 012 429-6306 mokotmm@unisa.ac.za

Prof R Ahmed 012 429-8321 ahmedr@unisa.ac.za

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You are welcome to visit us to discuss any queries about or problems with the module.
However, please make an appointment beforehand, otherwise you run the risk of the lecturer
not being available to see you. Our offices are on the 6th floor of the Cas van Vuuren Building,
Main Campus, Muckleneuk Ridge, Pretoria.

Our office numbers are as follows:

Prof JC Knobel Cas van Vuuren 6-13
Prof M Mokotong Cas van Vuuren 6-14
Prof R Ahmed Cas van Vuuren 6-22

You may also contact us directly via the myUnisa website at https://my.unisa.ac.za. The
instructions for sending us an e-mail are as follows:

• Go to myUnisa.

• Log in with your student number and password.

• Select PVL3703 from the orange menu bar.

• On the left-hand menu bar of the module page, select the “Course contact” option.

• The next page is an automated e-mail page. The “From” and “E-mail address” fields
are automatically completed.

• Complete the “Message subject” field.

• Type your message in the space provided for “Message”.

• Click on the “Send Message” button.

• Your message will reach the appropriate module mailbox.

3.2 Department
The Department of Private Law is situated in the Cas van Vuuren building on the 6th floor.
You will find general Unisa contact details on the Study @ Unisa website, available on myUnisa:
www.unisa.ac.za/brochures/studies.

3.3 University
If you need to contact the University administrative departments about matters not related to the
content of this module, please consult the Study @ Unisa website, available on myUnisa:
www.unisa.ac.za/brochures/studies. This contains information on how to contact the University
(e.g. to whom you can write for different queries, important telephone numbers, addresses and
details of the times certain facilities are open).

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Physical address:
University of South Africa
Preller Street
Muckleneuk
PRETORIA

Postal address:
University of South Africa
PO Box 392
UNISA
0003

Always have your student number handy when you call the University.

4 RESOURCES
4.1 Prescribed book(s)
At the time of drafting this Tutorial letter, we were informed that the 8 th edition of the prescribed
textbook would be available towards the end of 2020. Your prescribed textbook for this module
is:

Neethling J, Potgieter JM Law of Delict 8th ed (2020) LexisNexis Butterworths

If the 8th edition of the prescribed edition has not been published, then your prescribed textbook
for this module is:

Neethling J, Potgieter JM Neethling-Potgieter-Visser Law of Delict 7th ed (2015) LexisNexis

Butterworths

Please refer to the list of official booksellers and their addresses on the Study @ Unisa website
which is available on myUnisa: www.unisa.ac.za/brochures/studies. If you have any difficulty

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obtaining books from these booksellers, please contact the Prescribed Book Section as soon as
possible at telephone number 012 429-4152 or email address vospresc@unisa.ac.za.

4.2 Prescribed cases

In this module, there is no list of prescribed cases that you must study in addition to your
textbook and other study material. However, the case law that is discussed in the main text of
your textbook and the prescribed footnotes, forms part of your study material. You must know
the names of those cases, be able to give a succinct account of the principles that were
formulated or applied in those cases and cite the cases appropriately as authority. If the facts of
the cases are discussed in the textbook, you must also be able to supply a brief summary of
those facts.

4.2.1 Basic legal research

We may furthermore require you to read a delict case (in its original, reported form) and answer
questions on that case in an assignment, to demonstrate that you can perform basic legal
research in respect of delictual questions. You can find such cases in conventional law libraries,
or online at the website of the Southern African Legal Information Institute (SAFLII) at
www.saflii.org.

4.3 Recommended book(s)

There are no recommended books for this module.

4.4 Electronic reserves (e-reserves)

There are no e-reserves for this module.

4.5 Library services and resources

The Unisa Library offers a range of information services and resources:

• For detailed Library information, go to https://unisa.ac.za/library
• For research support and services (e.g. personal librarians and literature search
services), go to https://www.unisa.ac.za/sites/corporate/default/Library/Library-
services/Research-support
• The Library has created numerous Library guides: https://libguides.unisa.ac.za

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Recommended guides:

• Request and download recommended material:

https://libguides.unisa.ac.za/request
• Postgraduate information services:
https://libguides.unisa.ac.za/request/postgrad
• Finding and using Library resources and tools:
https://libguides.unisa.ac.za/research-support
• Frequently asked questions about the Library:
https://libguides.unisa.ac.za/ask
• Services to students living with disabilities:
https://libguides.unisa.ac.za/disability
• Assistance with technical problems accessing the Unisa Library or resources:
https://libguides.unisa.ac.za/techsupport

You may also send an e-mail to Lib-help@unisa.ac.za (please add your student number in the
subject line).

5 STUDENT SUPPORT SERVICES

The Study @ Unisa website is available on myUnisa: www.unisa.ac.za/brochures/studies.
This website has all the tips and information you need to succeed at Unisa.

6 STUDY PLAN
Please refer to the Study @ Unisa website, available on myUnisa:
www.unisa.ac.za/brochures/studies for general time management and planning skills.

7 ASSESSMENT
7.1 Assessment criteria
Your mark will comprise a year mark that will be gained from one written assignment, one
multiple-choice assignment and an examination of two hours. First examiners set and assess
the assignments and examination. In the case of examinations, second examiners are used to
moderate questions, the marking process and the marked scripts. All examiners are senior
academics or specialists in the field.

7.2 Assessment plan

You have two assignments for this module, Assignment 01 and Assignment 02.

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7.3 Assignment numbers

7.3.1 Unique assignment numbers
The unique numbers for the assignments are:
• First semester
o Assignment 01: 888278
o Assignment 02: 787907

• Second semester
o Assignment 01: 651607
o Assignment 02: 629857

7.4 Assignment due dates

The due dates for the submission of the assignments are:

Semester Assignment 01 Assignment 02

Submission date Submission date

First 26 March 2021 23 April 2021

Second 20 August 2021 17 September 2021

7.5 Submission of assignments

Assignments should be addressed to:
The Registrar
PO Box 392
UNISA
0003

You may submit written assignments and assignments completed on mark-reading sheets
either by post or mobile MCQ submission or electronically via myUnisa. Assignments may not
be submitted by e-mail. Assignments may not be posted together in one envelope. Each
assignment for each module has to be posted separately.
For detailed information and requirements with regard to assignments, see the Study @ Unisa
website, available on myUnisa: www.unisa.ac.za/brochures/studies.

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To submit an assignment via myUnisa:

• Go to myUnisa.

• Log in with your student number and password.

• Select the module from the orange bar.

• Click on assignments in the menu on the left-hand side of the screen.

• Click on the assignment number you wish to submit.

• Follow the instructions.

7.6 The assignments

7.6.1 First semester

ASSIGNMENT 01
Due date: 26 March 2021
Unique number: 888278
(Compulsory) for First Semester

Read the judgment in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA) and write
a discussion of 500-1000 words. You can find the judgment in conventional law libraries, or
online by conducting a google search or at the website of the Southern African Legal
Information Institute (SAFLII) at www.saflii.org.
In your discussion, you must:
(a) Discuss what the Supreme Court of Appeal decided in respect of the element of
wrongfulness only in Bergrivier Municipality v Van Ryn Beck 2019 (4) SA 127 (SCA).
In other words, we expect you to explain how the Supreme Court of Appeal came to the
conclusion that the Municipality’s conduct was not wrongful. Please note that no marks will be
awarded for providing the background facts of the case, Bergrivier Municipality v Van Ryn
Beck 2019 (4) SA 127 (SCA) unless they are relevant to your discussion under point (a)
above.
A maximum of 5 marks will be awarded for the discussion on what the court decided in respect
of the wrongfulness element. Therefore, a maximum of 5 marks will be awarded for part (a) of
your discussion.

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(b) Compare the court’s decision with that of Neethling and Potgieter (the prescribed book, Law
of Delict) on how wrongfulness should be established. Here we expect you to briefly lay out the
manner in which Neethling and Potgieter recommend that wrongfulness should be established,
particularly in cases of omissions. With regard to the comparison, you must point out any
similarities between the Supreme Court of Appeal’s principles in establishing wrongfulness and
Neethling and Potgieter’s principles in establishing wrongfulness. You must also point out any
marked differences if any.
A maximum of 5 marks will be awarded for providing your own comparison.
Total for assignment 01: [10]

ASSIGNMENT 02
Due date: 23 April 2021
Unique number: 787907
(Compulsory) for First Semester

1. Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and decides to
drive to the local mall to do some shopping. On his way, he suffers an epileptic seizure. He
loses control of his car and smashes into a corner shop, causing considerable damage to the
building and merchandise. The shop owner institutes a delictual action against Thumi. Which
one of the following statements is correct?
1. Thumi cannot rely on automatism because he negligently placed himself in a situation
where his movements were mechanical.
2. Thumi cannot rely on automatism because the defence actio libera in causa applies.
3. Thumi can escape liability by relying on automatism.
4. Thumi can escape liability by proving that his bodily movements were not voluntary at the
time when the damage was caused.

2. Which one of the following is incorrect?

1. An animal cannot act for purposes of the law of delict.
2. A public school can act for the purpose of the law of delict.
3. Behaviour must be willed to qualify as a voluntary act.
4. Conduct may consist of a commission or an omission.

3. According to case law, the negligence of a child wrongdoer in delict cases is determined …
1. according to a reasonable child standard.
2. according to the boni mores standard.
3. according to the standard of a reasonable child of the same age.
4. according to a reasonable person standard, but the youthfulness of the child is considered
when determining accountability.

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4. Gezani incites his aggressive, pedigreed rottweiler dog to attack Derick. Derick shoots and
kills the dog. If Gezani institutes a delictual action against Derick for the loss of his dog,
Derick may rely on the following defence:
1. Necessity.
2. Private defence.
3. Provocation.
4. None of the above.

5. Tebogo asks Mary to look after Uli, her pedigreed and well-trained German shepherd dog
while Tebogo is away on vacation. The next day Mary takes Uli for a walk in a park. Mary
sees William, her ex-boyfriend, in the distance. Mary has a grudge against William and
orders Uli to attack him. William shoots and kills Uli. Tebogo institutes a delictual action
against William for the loss of her dog. William may rely on the following defence:
1. Necessity.
2. Private defence.
3. Provocation.
4. None of the above.

6. Which statement is incorrect?

1. When determining legal causation, standards such as adequate causation and direct
consequences may be used as subsidiary tests.
2. A legal causal link exists if there is a sufficiently close link between an act and a
consequence that the consequence may be imputed to the wrongdoer.
3. A legal causal link between an act and a consequence is determined by mentally
eliminating the act and inquiring whether the consequence will then also disappear.
4. A legal causal link is determined with reference to policy considerations of
reasonableness, fairness and justice.

7. If a court must determine whether a brain surgeon was negligent while driving his car, the
court will inquire whether he met the standard of care of:
1. The reasonable person.
2. The reasonable doctor.
3. The reasonable brain surgeon.
4. The most well-known brain surgeon practicing in South Africa.

8. Luke and his brother Paul bear a grudge against Patrick and agree to teach him a lesson he
will not forget. While Patrick walks around in a shopping mall, Luke and Paul damage
Patrick’s motorbike by hitting it with hammers. If Patrick successfully sues Luke and Paul in
delict, they will incur:
1. Vicarious liability.
2. Joint and several liability.
3. Liability based on contributory intent.
4. Strict liability.

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9. While watching a soccer match, Tom, a staunch supporter of Orlando Pirates, tells Ace, a
staunch supporter of Chiefs, that he (Ace) is a wimp for supporting such a useless team. Tom
continues to insult Ace. After enduring Tom’s insults for about 30 minutes, Ace in a blind
range, hits Tom in the face, breaking Tom’s nose. Tom institutes a delictual action against
Ace. Ace may rely on:
1. Private defence.
2. Necessity.
3. Provocation.
4. None of the above.

10. Which of the following principles relates to the maxim that you must “take your victim as you
find him”?
1. The “sum formula” approach.
2. The “mitigation” of loss principle.
3. The “talem qualem” rule.
4. The “once and for all” rule.

Total for assignment 02: [10]

7.6.2 Second semester

ASSIGNMENT 01
Due date: 20 August 2021
Unique number: 651607
(Compulsory) for Second Semester

Read the judgment in Western Cape Department of Social Development v Barley and
Others 2019 (3) SA 235 (SCA) and write a discussion of 500-1000 words. Please note that this
case is reported as Government of the Western Cape: Department of Social Development v C B
& others (1220/2017) [2018] ZASCA 166 (30 November 2018) on the SAFLII site.
In your discussion, you must:
(a) Discuss what the Supreme Court of Appeal decided in respect of the element of
wrongfulness only in Western Cape Department of Social Development v Barley and
Others 2019 (3) SA 235 (SCA).
In other words, we expect you to explain how the Supreme Court of Appeal came to the
conclusion that the Department of Social Development’s conduct was not wrongful. Please note
that no marks will be awarded for providing the background facts of the case, Western
Cape Department of Social Development v Barley and Others 2019 (3) SA 235 (SCA) unless
they are relevant to your discussion under point (a) above.

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A maximum of 5 marks will be awarded for the discussion on what the court decided in respect
of the wrongfulness element. Therefore a maximum of 5 marks will be awarded for part (a) of
your discussion.

(b) Compare the court’s decision with that of Neethling and Potgieter (the prescribed book, the
Law of Delict) on how wrongfulness should be established. Here we expect you to briefly lay out
the manner in which Neethling and Potgieter recommend that wrongfulness should be
established, particularly in cases of omissions. With regard to the comparison, you must point
out any similarities between the Supreme Court of Appeal’s principles in establishing
wrongfulness and Neethling and Potgieter’s principles in establishing wrongfulness. You must
also point out any marked differences if any.
A maximum of 5 marks will be awarded for providing your own comparison.
Total for assignment 01: [10]

ASSIGNMENT 02
Due date: 17 September 2021
Unique number: 629857
(Compulsory) for Second Semester

1. Which is the odd one out?

1. Liability for pure economic loss.
2. The actio de pauperie.
3. The actio de pastu.
4. Vicarious liability.

2. Which one of the following cases was a trend-setting judgment on necessity, although
aspects of the judgment may need to be revisited in the current constitutional dispensation?
1. Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus
curiae) 2003 (1) SA 389 (SCA).
2. First National Bank of South Africa Ltd v Duvenhage 2006 (5) SA 319 (SCA).
3. S v Goliath 1972 (3) SA 1 (A).
4. Kruger v Coetzee 1966 (2) SA 428 (A).

3. The most suitable remedy for the prevention of harm is …

1. the actio legis Aquiliae.
2. the interdict
3. the actio de effusis vel deiectis.
4. mitigation of loss.

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4. Linda asks Jane to look after Jock, her friendly and well-trained Staffordshire bull terrier while
Linda is away on vacation. The next day Jane takes Jock for a walk in a park. Thomas
approaches Jane, draws a knife and orders her to hand over her handbag and phone. Jane
orders Jock to attack Thomas. Jock responds immediately, but Thomas kills Jock with his
knife. Jane slips away, alerts a policeman on patrol, and Thomas is apprehended. When
Linda returns from vacation, she institutes a delictual action against Thomas for the loss of
her dog. Thomas may rely on the following defence:
1. Necessity.
2. Private defence.
3. Provocation.
4. None of the above.

5. “Contributory fault” refers to the fault of …

1. the defendant.
2. the plaintiff.
3. both the defendant and the plaintiff.
4. none of the above.

6. Which one of the following cases brought clarity in respect of the criterion to be used when
determining whether legal causation is present?
1. Jones NO v Santam Bpk 1965 (2) SA 542 (A).
2. Roux v Hattingh 2012 (6) SA 428 (SCA).
3. S v Mokgethi 1990 (1) SA 32 (A).
4. Lee v Minister of Correctional Services 2013 (2) SA 144 (CC).

7. X is suspected of infidelity by his wife. She hires a private detective, Y, to spy on X. Y follows
X in his car to a lonely spot in the veld. X has a woman with him in his car. When Y
approaches X’s car, X starts to drive off. Y vaults onto the bonnet in order to obscure X’s
view and so to make him stop. X, however, accelerates and begins to swerve from side to
side, clearly with the object of dislodging Y who is clinging on for dear life. Six kilometres
further, X succeeds in dislodging Y. Y suffers injuries and institutes a delictual claim against
X.
According to Neethling and Potgieter, the theoretically correct position is:
1. X can successfully raise contributory negligence as a defence.
2. X can successfully raise contributory intention as a defence.
3. X can successfully raise a pactum de non petendo to ward off Y’s claim.
4. X can successfully raise tacit consent to the risk of injury as ground of justification.

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8. Grace likes to shoot with a bow and arrow in her spare time. She asks Peter to balance an
apple on his head so that she can use it as a target. He agrees. The first arrow shot by Grace
misses the apple but penetrates Peter’s arm, necessitating medical treatment. Peter
institutes a delictual claim against Grace. Grace may rely on the following defence:
1. Privilege.
2. Official capacity.
3. Consent.
4. None of the above.

9. If a court must determine whether a brain surgeon was negligent while performing brain
surgery on a patient, the court will inquire whether he met the standard of care of …
1. the reasonable person.
2. the reasonable doctor.
3. the reasonable brain surgeon
4. the most well-known brain surgeon practicing in South Africa.

10. Rhulani’s goat eats and tramples Owen’s maize crops. Rhulani forgot to close the gate
between his and Owen’s land. Which remedy or remedies may be available to Owen?
1. The actio de pastu and actio legis Aquiliae.
2. The actio de pauperie only.
3. The actio de pastu only.
4. The actio de pauperie and actio legis Aquiliae.

Total for assignment 02: [10]

7.7 The examination

Please note:
In order to gain admission to the examination in PVL3703, students must submit assignment
01. If you fail to submit this compulsory assignment before or on the due date, you will
not gain admission to the examination! Assignment 01 contributes 10% towards your
final mark for the module.
Failure to submit assignment 02 will not influence your examination admission, since it is only
the submission of assignment 01 that will give you examination admission. However, since
assignment 02 counts 10% towards your final mark for the module, it is of the utmost
importance that you submit it.
Both assignments 01 and 02 therefore contribute towards your final mark. However,
only assignment 01 affects your examination admission.

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Note that it is not required that you pass assignment 01 (i.e. get at least 50% for it) in order to
gain examination admission. Submission of the assignment is adequate in order to gain
examination admission. However, since the mark you obtain for both the assignments will
together contribute 20% towards your final mark for the module (10% for assignment 01 and
10% for assignment 02), it will be to your advantage to do well in the assignments.

7.7.1 How will this work in practice?

In order to pass this module, you need to obtain a mark of 50%. As was indicated above,
assignment 01 and assignment 02 together count 20% of your final mark (the assignments
make up your semester mark). The examination mark will count 80%. Therefore the mark out of
100 you obtain in the examination will be converted to become a mark out of 80. Thus your final
mark for the module will be calculated by adding your semester mark to your adjusted
examination mark.

7.7.2 The required subminimum with regard to your examination mark

It is very important that you should note that a subminimum applies for your examination mark.
You need to obtain at least 40% in the examination before your semester mark will be
taken into account for purposes of determining whether you pass, fail or qualify for a
supplementary examination. That means that a student who obtains at least 40% in the
examination and who worked during the semester and consequently has a good semester mark
will have a great advantage above a student who has no semester mark or a bad semester
mark. It also means that even if you get full marks (i.e. obtain 20 out of 20) for your assignments
you will still fail the module if you earn less than 40% in the examination. You will not even be
allowed to write a supplementary examination.
It is your responsibility to contact the University before the examination date to ensure
that all assignment marks have been recorded against your name, that the marks
awarded are correct and that examination admission has been obtained.

7.7.3 Examination period and supplementary examinations

This module is offered in a semester period of 15 weeks. At the end of the semester that you
are registered for, you will write an examination, the duration of which is 2 hours. This means
that if you are registered for the first semester, you will write the examination in May/June 2021
and the supplementary examination will be written in October/November 2021. If you are
registered for the second semester you will write the examination in October/November 2021
and the supplementary examination will be written in May/June 2022.
Should you qualify to write a supplementary examination, you would have to obtain at least 50%
in the supplementary examination to pass the module. The reason for this is that the
assignment mark is not taken into account in the case of a supplementary examination. In other
words, only your examination mark is taken into account in the supplementary examination to
determine whether you pass.
During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination dates and examination times. Please refer to
the Study @ Unisa website, available on myUnisa: www.unisa.ac.za/brochures/studies.

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7.7.4 Previous examination papers
A previous examination paper will be uploaded on myUnisa before the examination. We
advise you, however, not to focus on old examination papers only, as the content of modules
and therefore examination papers changes from year to year. You may, however, accept that
the type of questions that will be asked in the examination will be similar to those asked in the
self-evaluation questions in your study guide, in the assignments and in the old examination
papers.

7.7.5 Tutorial letter with information on the examination

To help you with your preparation for the examination, you will receive a tutorial letter that will
explain the format of the examination paper and give you examples of the kind of questions that
you may expect.

8 COMMON MISTAKES MADE BY STUDENTS IN THE EXAMINATION

Would you like to know what mistakes are most commonly made by students who get poor
marks or even fail this module?
We are going to tell you right now, in the hope that you will take this as an early warning, and
that you will not make the same mistakes.
There are three common mistakes that prevent students from doing well in the Law of Delict.
1. Confusing the elements of delictual liability.
2. Not memorising definitions, tests and requirements.
3. Not reading the examination questions properly, and then writing ‘‘answers’’ that do
not really address the issue.

Let’s consider these one by one

1. Confusing the elements of delictual liability.
You will learn that five elements are necessary to constitute a delict (except for exceptions).
This means that it is extremely important for you to know precisely (not vaguely!) what
the differences between these elements are.

2. Not memorising definitions, tests and requirements.

This mistake goes hand in hand with the previous one. You will encounter many definitions in
your textbook, such as definitions of the terms ‘‘conduct’’, ‘‘necessity’’, ‘‘accountability’’ and
‘‘intent’’. You will also encounter tests or yardsticks, such as the boni mores test for
wrongfulness and the reasonable person test for negligence. You will also encounter lists of
requirements, for example the requirements for valid consent, the requirements to succeed
when relying on the doctrine of sudden emergency and the requirements for the actio de pastu.
You must memorise these definitions, tests and requirements. The definitions, tests and
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requirements are the tools that you need to solve delictual problems. When we confront you
with a delictual problem in the examination, you must not try to invent the tools; you must
already know them as well as you know your own name and telephone number. However,
memorisation is pointless without understanding. When studying the definitions, tests and
requirements of the law of delict, you must go through two phases:

First, make sure that you understand them.

Second, make sure that you memorise them.

With the first phase, we can help. You need to find ways of ensuring that your understanding of
the definitions, tests and requirements of the law of delict is accurate. One way of doing this is
to answer the self-assessment questions in the study guide. If you find it difficult to understand
something, please contact us so that we can explain it to you. With the second phase, you are
on your own. Only hard work will ensure that you memorise what is needed. Don’t skip this
phase. The reward will be great if you have really memorised your definitions, tests and
requirements. You will be empowered so that you do not confuse the elements of delictual
liability – the other very common mistake we just warned you against.

3. Not reading the examination questions properly, and then writing ‘‘answers’’ that do
not really address the issue.
This common problem often goes hand in hand with the previous two. Say, for instance, we ask
a question dealing with automatism. As you proceed with your studies, you will learn that
automatism is a defence that excludes the first of the five delictual elements, namely conduct.
This means that you must discuss principles relating to the element of conduct and, more
specifically, the defence of automatism, in your answer. Each exam question usually deals with
one or – at the most – two delictual elements only. Your task is to identify which elements each
question deals with and then to demonstrate your knowledge of and insight into those specific
elements.

9 FREQUENTLY ASKED QUESTIONS

(Please refer to the Study @ Unisa website, available on myUnisa:

www.unisa.ac.za/brochures/studies in addition to the questions below).

Is there a prescribed casebook for this module?

No. However to comply with the research component of this module you will be required to find
case law to complete your assignment. You will receive detailed instructions on this with your
instructions for the assignment.

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How is my year mark calculated?
Your assignments 01 and 02 contribute 20% towards your final mark (10% for assignment 01
and 10% for assignment 02). Your examination contributes 80% towards your final mark.

How do I gain admission to the examination?

You must submit assignment 01 to gain admission to the examination. This will contribute 10%
towards your final mark.

How do I contact my lecturers?

The contact details are available on the welcome page on the myUnisa platform and in tutorial
letters 101 and 201. Alternatively, select the “Course contact” option from the left hand menu
bar on the PVL3703 myUnisa platform. An automated email page will open. Type your message
to the Lecturer and press send.

10 IN CLOSING
We trust that you will enjoy this module, and wish you every success with your studies.
Prof JC Knobel Telephone number: 012 429-8352
Prof M Mokotong Telephone number: 012 429-6306
Prof R Ahmed Telephone number: 012 429-8321

©
UNISA 2021

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