PVL3703/101/3/2015

Tutorial letter 101/3/2015

Law of Delict
PVL3703

Semester 1 and 2

Department of Private Law

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
 CONTENTS

Page

1 INTRODUCTION ............................................................................................................................ 3
2 PURPOSE OF AND OUTCOMES FOR THE MODULE ............................................................... 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 MODULE-RELATED RESOURCES .............................................................................................. 5
4.1 Prescribed books ............................................................................................................................ 5
4.2 Recommended books ..................................................................................................................... 6
4.3 Electronic Reserves (e-Reserves) .................................................................................................. 6
4.4 Prescribed cases ............................................................................................................................ 6
5 STUDENT SUPPORT SERVICES FOR THE MODULE ................................................................ 7
6 MODULE-SPECIFIC STUDY PLAN............................................................................................... 7
7 ASSESSMENT ............................................................................................................................... 7
7.1 Assessment plan ............................................................................................................................ 7
7.2 General assignment numbers ......................................................................................................... 7
7.2.1 Unique assignment numbers .......................................................................................................... 7
7.2.2 Due dates for assignments ............................................................................................................. 8
7.3 Submission of assignments ............................................................................................................ 8
7.4 Assignments ................................................................................................................................... 9
8 EXAMINATION ............................................................................................................................. 14
9 FREQUENTLY ASKED QUESTIONS .......................................................................................... 15

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1 INTRODUCTION
Dear Student
Welcome to this module, the Law of Delict. We hope that you will find your study 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
• Two textbooks, 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 OF AND OUTCOMES FOR THE MODULE

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.
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.

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3 LECTURER(S) AND CONTACT DETAILS
3.1 Lecturer(s)
All queries that are not of a purely administrative nature but are about the contents 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.
Letters may be faxed to us. Our telefax number is: 012 429-3393.
You may contact us by telephone at the following numbers:
Prof JC Knobel 012 429-8352
Prof M Mokotong 012 429-8424

PLEASE NOTE: The lecturers should be contacted in the order in which their names
appear in the list above.

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

If you have access to the Internet you may also contact us directly via the myUnisaweb site 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.

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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 in the my Studies @ Unisa brochure.

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 my Studies @ Unisa brochure, which you received with your study material. This
booklet contains information on how to contact the University (e.g. to whom you can write for different queries,
important telephone and fax numbers, addresses and details of the times certain facilities are open).

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 MODULE-RELATED RESOURCES
4.1 Prescribed books
Your prescribed textbooks for this module are:

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

LexisNexis-Butterworths
(2) Neethling J, Potgieter JM & Scott TJ Case book on the Law of Delict / Vonnisbundel oor
die Deliktereg 5th ed (2013) Juta

Please refer to the list of official booksellers and their addresses in the my Studies @ Unisa
brochure. If you have any difficulty 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.

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4.2 Recommended books
There are no recommended books for this module.
4.3 Electronic Reserves (e-Reserves)
There are no electronic reserves for this module
4.4 Prescribed cases

We appreciate that it is impossible to study all the cases cited in the study guide(s) and
textbook(s) in the time at your disposal. A selection has therefore been made of the most
important decisions. Some of the cases included in the list below are leading ones; others may
contain an informative discussion, a succinct statement of principles, or a set of facts which
neatly illustrates such principles. We offer you merely a small selection, however, and the other
cases discussed in your study guide and prescribed textbook, but which do not appear in the list
below, are also important and should not be ignored.

For the purposes of this module you need to study the prescribed cases only as they
appear in your prescribed textbook and casebook. It is not necessary to obtain copies of
the original law reports.

List of prescribed cases

(The study units in which a particular case is referred to are indicated in square brackets after
the name of the case.)

(1) Carmichele v Minister of Safety and Security (Centre for Applied Legal Studies
Intervening) 2001 (4) SA 938 (CC) [2]
(2) Molefe v Mahaeng 1999 (1) SA 562 (SCA) [3]
(3) Universiteit van Pretoria v Tommie Meyer Films 1977 (4) SA 376 (T) [5, 6, 7]
(4) Minister van Polisie v Ewels 1975 (3) SA 590 (A) [8]
(5) Van Eeden v Minister of Safety and Security (Women’s Legal Centre Trust, as amicus
curiae) 2003 (1) SA 389 (SCA) [8]
(6) Ex parte Minister van Justisie: in re S v Van Wyk 1967 (1) SA 488 (A) [9]
(7) S v Goliath 1972 (3) SA 1 (A) [10]
(8) Kruger v Coetzee 1966 (2) SA 428 (A) [16]
(9) Jones v Santam Bpk 1965 (2) SA 542 (A) [16]
(10) Weber v Santam Versekeringsmaatskappy Bpk 1983 (1) SA 381 (A) [16]
(11) Union National South British Ins Co Ltd v Vitoria 1982 (1) SA 444 (A) [19]
(12) General Accident Versekeringsmaatskappy v Uijs NO 1993 (4) SA 228 (A) [19]
(13) Greater Johannesburg Transitional Metropolitan Council v ABSA Bank Ltd 1997 (2) SA
591 (W) [20]
(14) S v Mokgethi 1990 (1) SA 32 (A) [22, 24]
(15) International Shipping Co (Pty) Ltd v Bentley 1990 (1) SA 680 (A) [22]
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(16) Bester v Commercial Union Versekeringsmaatskappy van SA Bpk 1973 (1) SA 769 (A)
[29]
(17) Barnard v Santambank 1999 (1) SA 202 (SCA) [29]
(18) National Media Ltd v Bogoshi 1988 (4) SA 1196 (SCA) [30]

5 STUDENT SUPPORT SERVICES FOR THE MODULE

Important information appears in your my Studies @ Unisa brochure.

6 MODULE-SPECIFIC STUDY PLAN

Please refer to your my Studies @ Unisa brochure for general time management and planning
skills.

7 ASSESSMENT
7.1 Assessment plan
Your mark will comprise a year mark that will be gained from one written assignment, one
multiple-choice assignment and a written 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. Second examiners
also assist in taking oral examinations. All examiners are senior academics or specialists in the
field.
7.2 General assignment numbers
You have two assignments for this module, Assignment 01 and Assignment 02.
7.2.1 Unique assignment numbers

The unique numbers for the assignments are:

• First semester:

o Assignment 01: 622362

o Assignment 02: 622372

• Second semester:

o Assignment 01: 622417

o Assignment 02: 622423

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7.2.2 Due dates for assignments

The due dates for the submission of the assignments are:

Semester Assignment 01 Assignment 02

Submission date Submission date

First 12 March 2015 10 April 2015

Second 27 August 2015 25 September 2015

7.3 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 fax or 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 brochure my
Studies @ Unisa, which you received with your study material.

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.

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7.4 Assignments

ASSIGNMENT 01
(Compulsory) for First Semester

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. Was Benny
negligent? Discuss in detail, referring to relevant case law.
Total for assignment: [10]

ASSIGNMENT 01
(Compulsory) for Second Semester

While Anne was visiting her mother, Bernice, for a couple of days, she noticed that Clint
was loitering in the neighbourhood. Clint’s conduct looked suspicious, and Anne and
Bernice learnt that Clint had been released on bail after being charged for serious crimes.
Fearing for their safety, Anne and Bernice requested the police and the local prosecutor to
have Clint kept in custody. Neither the police nor the prosecutor complied with these
requests. Shortly thereafter Clint seriously assaulted Anne. Anne now wishes to hold the
police and the prosecutor delictually liable. Was the conduct of the police and the
prosecutor wrongful? Discuss in detail and refer to applicable case law in your answer.
Total for assignment: [10]

ASSIGNMENT 02
(Compulsory) for First Semester

1 Indicate the correct statement.

1. Irrational human behaviour cannot constitute conduct for the purposes of the law of
delict.
2. Human behaviour need not be willed to constitute conduct.
3. The behaviour of an animal can constitute conduct under certain circumstances.
4. The presence of a so-called actio libera in causa confirms the presence of
automatism.

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2 Jacob is training to be a tattoo artist. He asks Karen whether he can practice his newly
acquired skills on her. Karen enquires whether she will be able to remove the tattoo by
washing, and Jacob replies in the affirmative. Thereupon Karen is willing to comply,
and Jacob makes a butterfly tattoo on Karen’s arm. When Karen discovers that the
tattoo is permanent, she wants to institute a delictual action against Jacob. Jacob may
rely on the following ground of justification:
1. Necessity.
2. Official authority.
3. Consent.
4. None of the above.

3 Gawie and Manie are farming on adjacent properties. Gawie bears a grudge against
Manie. He sets up a device, which causes a loud bang every half an hour, on the
common boundary between the two farms, near Manie’s homestead. As a result of
this, Manie and his family cannot sleep at night and are irritated by day. Manie asks
Gawie to dismantle the device, but Gawie says that the device serves the purpose of
scaring baboons away from his orchards. Which delictual remedy may be available to
Manie?
1. The actio de pauperie.
2. The actio de feris.
3. The actio de effusis vel deiectis.
4. The interdict.

4. Piet left his cell phone in his car. Gert wants to steal Piet’s cell phone. He realises that
he would have to damage Piet’s car in order to get the phone. In respect of the
damage to the car, Gert has:
1. Dolus indeterminatus.
2. Dolus eventualis.
3. Dolus indirectus.
4. Luxuria.

5. John’s prize bull breaks through a fence and ventures onto David’s farm. The bull is
aggressive and charges at David’s employees. The employees clamber into a small
tree to escape the wrath of the bull. The bull begins to bash the trunk of the tree. As
the tree appears to be about to topple, David shoots and kills the bull to save his
employees. John institutes an action for damages against David. David may raise the
following ground of justification:
1. Necessity.
2. Private defence.
3. Provocation.
4. Official capacity.

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6. When so-called open-ended delictual norms are given content in light of the basic
values of chapter 2 of the Constitution, this is known as:
1. direct application of the Bill of Rights.
2. indirect application of the Bill of Rights.
3. vertical application of the Bill of Rights.
4. horizontal application of the Bill of Rights.

7. Andrew inadvertently damages Ben’s violin. Which delictual action may be available to
Ben?
1. actio legis Aquiliae.
2. actio iniuriarum.
3. actio de pastu.
4. none of the above.

8. Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an
arm. Which remedy or remedies may be available to Chris?
1. action for pain and suffering only.
2. actio iniuriarum only.
3. action for pain and suffering and actio iniuriarum.
4. none of the above.

9. According to the following case the onus is on the plaintiff to prove that the defendant
acted voluntarily, rather than on the defendant to prove the presence of automatism:
1. Ex parte Minister van Justisie: in re S v Van Wyk 1967 1 SA 488 (A).
2. Molefe v Mahaeng 1999 1 SA 562 (SCA).
3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA).
4. S v Goliath 1972 3 SA 1 (A).

10. Prospective loss is best assessed in accordance with:

1. the sum-formula approach.
2. the “once and for all” rule.
3. the concrete approach to damage.
4. res inter alios acta.
[10]

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 ASSIGNMENT 02
(Compulsory) for Second Semester

1 John takes David’s big and rather aggressive dog for a walk. John incites the dog to attack
Garth. The dog charges at Garth, but Garth shoots the dog and kills it. If David institutes a
delictual action against Garth, on what ground of justification may Garth rely?
1. Necessity.
2. Private defence.
3. Provocation.
4. None of the above.

2 Markus, a financial adviser, negligently advises Hans to make a bad investment. As a

result of this, Hans suffers a serious financial setback. However, there is no damage to
Hans’s person or property. Which one of the following delictual remedies may be
available if Hans wishes to recover his financial loss from Markus?
1. The actio legis Aquiliae.
2. The actio iniuriarum.
3. The action for pain and suffering.
4. None of the above.

3 Shaun steals a big-screen television set from an electronics store. To get to the
television set, he smashes a window made from expensive security glass. In respect of
the damage to the window, Shaun has:
1. Dolus indirectus.
2. Dolus eventualis.
3. Dolus indeterminatus.
4. Luxuria.

4 Clive is employed by Raymond as a driver in Raymond’s courier business. Clive has

the weekend off, and decides to visit Mary on Saturday evening. On his way to Mary’s
apartment, Clive is involved in an accident due to his own negligence. Clive’s vehicle
and the vehicle of Catherine, the other motorist involved in the accident, are badly
damaged. Catherine discovers that Clive’s financial position is not good. Advise
Catherine on the best course of action:
1. Institute an action against Raymond based on vicarious liability.
2. Institute an action against Raymond and Clive as joint wrongdoers.
3. Institute an action against Raymond based on culpa in eligendo.
4. Institute an action against Clive.

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5 Which is the odd one out?

1. The adequate causation theory.
2. The sum-formula approach.
3. Direct consequences.
4. Normative foreseeability.

6 Mike’s cow eats and tramples George’s crops. Mike forgot to close the gate between
his and George’s land. Which remedy or remedies may be available to George?
1. actio de pauperie and actio legis Aquiliae.
2. actio de pastu only.
3. actio de pauperie only.
4. actio de pastu and actio legis Aquiliae.

7. Norman enters into a sexual relationship with Lex’s wife. Which remedy or remedies
may be available to Lex?
1. actio iniuriarum only.
2. action for pain and suffering only.
3. actio iniuriarum and action for pain and suffering.
4. none of the above.

8. Jors allows Maans to fire some practice shots with his new pistol at an apple on Jors’s
head. The second shot makes a hole in Jors’s left ear. Jors institutes a delictual action
against Maans. Maans may rely on following defence:
1. execution of an official command.
2. provocation.
3. consent to the risk of injury.
4. none of the above.

9. John and Peter bear a grudge against Greg and agree to teach him a lesson he will
not forget. While Greg is in a shopping centre, John and Peter damage Greg’s motor
car by hitting it with hammers. If Greg successfully sues John and Peter 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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10. According to the following case liability of the media for defamation is based on
negligence:
1. Kruger v Coetzee 1966 2 SA 428 (A).
2. Molefe v Mahaeng 1999 1 SA 562 (SCA).
3. National Media Ltd v Bogoshi 1988 4 SA 1196 (SCA).
4. S v Goliath 1972 3 SA 1 (A).
[10]

8 EXAMINATION
T
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.

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.

8.1 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.

8.2 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.

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It is your responsibility to contact the University before the examination date to ensure
that all assignments have been recorded against your name, that the marks awarded are
correct and that examination admission has been obtained.

8.3 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 2015
and the supplementary examination will be written in October/November 2015. If you are
registered for the second semester you will write the examination in October/November 2015
and the supplementary examination will be written in May/June 2016.
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 venues, examination dates and examination
times. Please refer to the my Studies @ Unisa brochure for more details.

8.4 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.

8.5 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.

9 FREQUENTLY ASKED QUESTIONS

Please refer to the A-Z guide in the my Studies @ Unisa brochure.

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 012 429-8424

UNISA
/hs

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