UNIVERSITY OF THE FREE STATE

LDEL 3705
LAW OF DELICT

DEPARTMENT: PRIVATE LAW

CONTACT NUMBER: 051-401-7412

EMAIL: Kamwendot@ufs.ac.za

ASSIGNMENT

ASSESSOR: T Kamwendo

DEADLINE: 29 August 2023 MARKS: 30

INSTRUCTIONS

• You must answer ALL questions.

• When answering questions, refer to any relevant legislation and case law that may be
relevant.
• It is not necessary to make use of the JJS style guidelines.
QUESTION

At 8pm on a Friday night, Lincoln, a Fauna resident, lights an old paraffin lamp as he has no electricity
due to scheduled load-shedding of electricity. Lincoln 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 draft of wind blows the lamp over. As
a result of this a fire starts and spreads rapidly, engulfing his house and spreading to his neighbour’s
house. Penny [his neighbour] was holding a party when the flames engulfed her house. Penny’s house
is also destroyed in the fire. Richard [her husband] who was in the toilet at the time the fire broke out,
runs out of the house, undressed. Neo then takes a video of Richard running naked and sends it to his
friends. The following day Richard finds out almost everyone in Fauna has seen the video. Richard feels
utterly humiliated says that: "I honestly felt like just sitting in my house and not coming out. I want to
crawl into a hole." Amanda, a university lecturer who was also one of Penny’s guests succumbs to burn
wounds.

Sarah, Amanda’s daughter working in Durban, hears of the news about the fire and mother’s death
and is so shocked that she later suffers from catastrophic neurosis and is unable to work for 15 months.
Some 2 years earlier, Sarah had been a voluntary patient at a mental hospital, where she had been
treated for a neurotic condition. Lethula, Penny’s other guest, is shocked at what he sees happening
at Penny’s house and as a result suffers from extreme grief and later needs extensive psychiatric
counselling to overcome his post-traumatic stress disorder caused by what he witnessed.

1. Advise Lincoln whether he is liable in delict for the psychological harm caused to Sarah and
Lethula. Substantiate your answer with reference to case law. [10]

2. Richard wants to sue Neo for defamation. Set out whether Richard’s claim meets the essential
requirements for defamation. Are there any possible defences that Neo can raise?
Substantiate your answer with reference to case law. [10]

3. Following Amanda’s death, Rob [ Amanda’s husband and a stay-at-home dad] wants to sue
Lincoln for the loss of support caused by Amanda’s death. Draft the Particulars of Claim to
institute the action against the Lincoln. You may add your own fictional information needed
to draft the Particulars of Claim. You are only required to draft the Particulars of Claim and
not the complete summons. Your particulars of claim must be drafted in the prescribed format
and may not exceed 2 pages. [10]

THE END