Tennis Ball Damage Liability

Nel operates a mountain bike trail and rents out mountain bikes to customers. Jo hires a bike for the morning and goes for a ride on one of the trails. On a steep descent, the brakes of the bicycle fail. Jo falls and incurs rather serious head injuries. It transpires that Nel has not maintained his rental bikes properly. However, Jo also forgot to wear a helmet during the ride and his injuries would not have been so serious had he not forgotten the wear the helmet. If Jo institutes a delictual claim against Nel (select the best option): a. Nel will be liable in damages for all Jo’s incurred hospital costs. b. Nel will escape liability by relying on tacit consent to the risk of injury on Jo’s part. c. Nel will be liable in damages for all Jo’s incurred hospital costs plus an additional amount for the infringement of Jo’s personality right to his bodily integrity. d. An apportionment of damages will take place.

Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks his right arm. Chris’ arm is set in plaster and he incurs medical costs. In addition, he cannot perform his work while his arm is immobilised for healing, and he suffers a loss of income. Which of the following is correct (select the best option)? a. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity only. b. There is no legal causal link between Mark’s conduct and any harm suffered by Chris. c. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity, the incurred medical costs, and the loss of income. d. There is a legal causal link between Mark’s conduct and the infringement of Chris’ bodily integrity and the incurred medical costs.

Musa, a financial adviser, negligently advises Hector to make a bad investment. As a result of this, Hector suffers a serious financial setback. However, there is no damage to Hector’s person or property. Which one of the following delictual remedies may be available if Hector wishes to recover his financial loss from Musa? a. The _actio iniuriarum_. b. The interdict. c. The _actio legis Aquiliae_. d. The action for pain and suffering.

One of the attractions at Wonderland Zoo is a train ride that takes customers to and from different locations at the zoo. Sipho, the technician in charge of inspecting and maintaining the train, overlooks some signs that the train is no longer in sound condition. Avril goes for a ride on the train. The operator of the train requests the persons boarding the train to fasten their safety belts. However, Avril decides not to fasten her safety belt, because she wants to take good selfie pictures during the ride. During the ride, the train breaks down and comes to an abrupt standstill resulting in only Avril being thrown out of the train. Avril sustains a broken arm and is hospitalised. After four days, Avril is discharged, but on her way out of the hospital, she slips and falls as a result of some oily substance on the floor. Due to the fall, Avril sustains a broken leg. Whether there was a factual causal link between Sipho’s conduct and Avril’s broken leg, will be determined with reference to: a. The but for-test. b. Adequate causation. c. The flexible approach. d. Direct consequences.

Which one of the following statements is correct regarding accountability? a. Accountability is one of the forms of fault. b. A person is accountable if he directs his will at an unlawful result and is also conscious of the wrongfulness. c. Intoxication may influence accountability. d. A person is accountable if his behaviour is susceptible to control of his will.

Mark inadvertently pushes over a ladder on which Chris is standing. Chris breaks an arm and incurs medical costs. Which remedy or remedies may be available to Chris? a. _Actio iniuriarum _only. b. _Actio legis Aquiliae _only. c. _Actio legis Aquiliae _and the_ _action for pain and suffering. d. _Actio iniuriarum _and the action for pain and suffering.

Roy is the owner of a big Koi fish farm. Garth is employed by Roy as foreman and second-in-charge. Garth has recently inherited a lot of money when his wealthy father died, but because he loves Koi fish so much and because he has a good relationship with Roy, he decides to stay on in the business in the same capacity. On one Tuesday morning, Roy instructs Garth to take the delivery van and make a delivery. Along the way, Garth loses control of the van, crashes into Lucky’s roadside vendor stall, and destroys it and all the merchandise completely. Advise Lucky on the best course of action: a. Institute an action for damages against Garth in his personal capacity. b. Institute an action for damages against Roy based on vicarious liability. c. Institute an action for damages against Garth in his personal capacity and, in the alternative, against Roy based on vicarious liability. d. Institute the _amende honorable_ against Garth.

Lionel is a sales rep and uses his car daily to earn an income. He takes his car to Mike’s Mechanics for a service. A fire breaks out at the premises and destroys Lionel’s car. The fire resulted from negligent conduct on Mike’s part. Lionel institutes a delictual claim against Mike’s Mechanics. In addition to the value of his car, he also wishes to claim an amount that he has paid to Budget Rentals for renting a car to enable him to continue doing his work and thus earning an income while waiting for the outcome of the litigation. In respect of this second amount (select the best option): a. Lionel will not succeed, because the rental of the car is regarded as _res inter alios acta_. b. Lionel will succeed, because of the mitigation of loss rule. c. Lionel will succeed, because a legal causal link exists between the conduct of Mike’s Mechanics and the amount that Lionel had to pay to Budget Rentals. d. Lionel will not succeed, because Mike’s Mechanics cannot be made a party to the contractual relations between Lionel and Budget Rentals.