Pvl 3703 Law Of Delict Exam Pack 2017

PVL 3703 EXAM PACK 2017 BY TSITSI MUNYUKIMay/June 2015 Qn 1 The municipality of eThekwini is busy with excavations in the business center. The Municipal workers do not erect any barrier or warning signs in the vicinity of the excavations. Mrs. Ndlovu, who is near-sighted, falls into the excavations and sustains serious injuries. She wishes to institute a delictual action against the municipality. Was the conduct of the municipality wrongful? Discuss in detail. [15] The issue is whether the act of the municipality workers constituted wrongfulness? An act can usually be wrongful if it has some consequence. The determination of wrongfulness entails a dual investigation. Firstly it has to be ascertained whether the perpetrators act was in fact the cause of a harmful result to another person and secondly it must be ascertained whether the causing of harm took place in an unreasonable or legally reprehensible way. The first part of the investigation is easy to establish, however the second part of whether the causing of the harm took place in an unreasonable or legally reprehensible way this is dealt with by looking at the legal convictions of the community (boni mores) If a persons conduct is contra boni mores