Unit 3 - Conduct

Question 1

Discuss conduct.

Answer 1

• Conduct is a voluntary human act or omission.
• It can take the form of positive act (commission)/failure to act (omission).

Question 2

What qualifies as human conduct ?

Answer 2

• This is a human action, so it can’t extend to animals unless were they are used as an instrument.
• Juristic persons (university or company) act through their organs (human agents) and can thus be held liable in delict.

Question 3

Discuss the qualification of voluntary conduct.

Answer 3

• The act must be voluntary, in that is must be susceptible to control by the will of the person concerned.
• Voluntary means the person in question has mental ability to control his muscular movements.
• Voluntary does not mean the person must have will/ desired his conduct.

Question 4

Discuss the defence of automatism.

Answer 4

The defence occurs when defendant asserts that he/she behaved involuntarily or mechanically or lacked the capacity to act voluntarily.

Question 5

Discuss the conditions underlying automatism.

Answer 5

• Absolute compulsion.
• Unconscious state.
• Reflex muscular movements.

Question 6

When will the defence of automatism not succeed ?

Answer 6

• Spontaneous/impulsive acts.
• Intentional prior conduct.
• Negligent prior conduct.

Question 7

Discuss commission and omission.

Answer 7

• There is no general duty to prevent someone else of harm, as such the law does not expect you to act positively to prevent that harm – however there are exceptions, such as when dealing with children for example.
• There is a duty to not cause someone harm.
• Commission is positive conduct.
• Omission is negative conduct.