UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: NOVEMBER 2010 SUBJECT, COURSE AND CODE: DURATION: 3 HOURS External Examiner: Mr RN Scott

Internal Examiner: Ms PP Singh DELICT (LAWS2DL/LAWS3DL) TOTAL MARKS: 75

STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS, TO WRITE LEGIBLY. PLEASE NOTE: This paper consists of THREE (3) pages. Please ensure that you have them all. Answer ALL questions

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All answers must be fully supported with relevant case and legal authority. QUESTION 1 In his address to the annual general meeting of the People First Party (PFP), Melon Kille, the leader of the party, proposes the adoption of a People Against Crime campaign. She is reported in the Sunday Crimes newspaper as saying: We must fight crime at all levels: from the top to the bottom. Our top government leaders are committing crimes. So is it surprising that crime is rampant throughout our society? I need hardly remind you that our former deputy president had to be fired from the Cabinet for corruption. And now he has the arrogance to promote violence and glorify the use of firearms by repeatedly calling for his machine gun. The former deputy president, Joseph Zama, institutes an action for defamation against the Sunday Crimes and Melon Kille. Mr Zama has not in fact been found guilty of corruption; he was charged with corruption after a High Court judge had found that a wealthy businessman had a generally corrupt relationship with Zama. Ms Kille approaches you for advice. In the course of your answer explain the relevant law fully, including: 1.1 1.2 1.3 Will Mr Zama succeed in his action for defamation against either Ms Kille and or the Sunday Crimes ? [15 marks] Are there any defences which Ms Kille or the Sunday Crimes could raise against Mr Zamas action? [ 7 marks] Could other senior government leaders successfully bring an action for defamation against the Sunday Crimes or Melon Kille? [3marks]
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UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: NOVEMBER 2010 SUBJECT, COURSE AND CODE: DELICT (LAWS2DL/LAWS3DL)

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In the course of your answer explain the relevant law fully, including the appropriate defences that might be raised by the Sunday Crimes and or Melon Kille. [25 MARKS] QUESTION 2 At 8pm on a Friday night, David, a Scottsville resident lights an old paraffin lamp as he has no electricity due to scheduled load shedding of electricity. David leaves the old paraffin lamp burning in his bedroom with the bedroom window open and proceeds to spend the next half hour in the neighbouring bedroom reading his son a bedtime story. A strong draught of wind blows the lamp over. As a result of this a fire starts and spreads rapidly, engulfing his house and spreading to his neighbours house. Penny [his neighbour] is holding a party in the garden of her house and when the smoke and flames are spotted a general panic ensues amongst her guests. Richard [her husband] drops a tray containing rare antique glasses, one of which cuts the arm of Lisa, a haemophiliac, who bleeds to death before hospital treatment can be obtained. Pennys house is destroyed in the fire. A haemophilic is a person whose blood does not clot, so they bleed badly when cut. Penny wishes to sue David to recover the damages caused by the destruction of her house and its contents as well as the loss of the tray of antique glasses and Lisas husband Rob[a stay at home dad] wants to sue David for the loss of support caused by Lisas death. While David admits that he was negligent and that this negligence caused the destruction of Pennys house he denies that he is the cause of the destruction of the glasses or of Lisas death. Advise David on his liability in delict, if any. Limit your answer solely to a discussion as to whether David is the cause of the destruction of the glasses and Lisas death. [25 MARKS] QUESTION 3 YOU MUST ANSWER BOTH PARTS OF THE QUESTION [i.e. BOTH Q 3.1 AND Q 3.2] 3.1 X, an attorney, sustains serious head injuries in an accident resulting from the negligent driving of a motor vehicle by Y. In a subsequent lawsuit against the Road Accident Fund (RAF) on behalf of X, who is mentally retarded in consequence of his injuries, it appears that X has already received certain amounts from other sources in order to redress the effects of his injuries. It is urged on behalf of the defendant that such amount should be taken into account in reducing the extent of the total amount claimed on Xs behalf.
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(a) (i)

Discuss the merits of this contention considering the relevant law, where the respective amounts are as follows: R 75 000 which represents an amount of full pay for a three-month period, to which X is entitled as a sickpay benefit in terms of his contract of employment with the law firm of Heartless, Wretched and Venomous; [2 marks] R5 000 which X received additionally from his employer as a discretionary sick-pay benefit; [4 marks] R1 150 000 which X received from Sunless Brokers as a disability payment in terms of an insurance policy. [2 marks] The defendants are also concerned whether income tax must be taken into account when calculating Xs loss of income claim. Advise them. [2 marks] [10 MARKS]

(ii)

(iii)

(b)

3.2

X agrees with Y that he will build Ys new home. During the building operations X is irritated by the municipal inspector and he gives him a slap in the face. The inspector sues Y vicariously. Answer the following questions: (a) Is there an employer employee relationship between X and Y for the purposes of vicarious liability? [5 marks] (b) Assume that the court accepts that an employeremployee relationship exists between X and Y. Was X acting within the course and scope of his employment when he slapped the inspector? [10 marks] [15 MARKS] Total marks for Q3: 25 marks TOTAL MARKS FOR PAPER: 75 MARKS