SU 2

CONDUCT
 Five elements of a Delict

WRONGFU
CONDUCT HARM CAUSATION FAULT
LNESS
Building a cake.
At least 5 ingredients:
• The delictual sequence of events starts somewhere.
• Something happens that puts things in motion.
• What do we call this?
• i.e= something happens.
SU 2.1 Nature and characteristics of
conduct

L&M pp. 95-96

STUDY OUTCOMES
After studying the materials and completing the activities
in this study section you should be able to:
• Define the term conduct, and
• Describe the nature and characteristics of conduct
 Characteristics of conduct

Can mere thoughts, without being manifested give rise to
delictual consequences?

General rule: Delictual liability is based on voluntary
human conduct

Elements:

1. Human

2. Voluntary

3. Act or omission

• One has to be able to link the harm suffered to the

conduct of a person, or the behaviour of an animal.
 Act or
Human Voluntary
omission
SU 2.2 Human
Conduct
L&M 96,99
Study Outcomes

After studying the materials and completing the activities in this study section
you should be able to:

• Explain whether the definition of conduct includes the acts of animals; and

• Determine whether a juristic person can act for purposes of delictual liability.
Human Conduct
General rule: Human conduct forms the subject of delictual inquiry.

Human= Natural person

Juristic persons?

Objects or animals as instruments?

Human conduct: Animals

Distinction between animal as an instrument and actio de pauperie

1. Animal may be used as instrument to bring about an unlawful

consequences

- For example, instructing your dog to bite your enemy.

- Owner liable

2. Actio de pauperie
- Owner of domestic/domesticated animal liable for harm caused by
animal
- Dog bites someone hospital expenses
- Liability transferred / imputed to owner
- Claim is against owner
Human Conduct: Juristic Persons


Conduct of the juristic person’s office bearers or organs
that is attributed to the entity.


Eg: A decision of a board of directors becomes the
decision of the company.
Human Conduct: Juristic Persons

Liability without fault= vicarious liability


Delict committed by an employee is attributed to
the employer provided that the requirements are
met.


Basis for delictual liability?
SU 2.3 Study Outcomes
After studying the materials and completing the

Voluntary activities in this study section you should be able

to:

Conduct • Explain what "voluntary conduct" entails;

L&M 96-98 • Define the term "automatism" and list at least three
conditions that may result in automatism; and

• Identify the situations where a defence of

automatism will not succeed.