Question
1.2 Benson has diabetes. He has to carefully control his diet as he cannot consume any sugary foods. When he does, his sugar insulin level
1.2 Benson has diabetes. He has to carefully control his diet as he cannot consume any sugary foods. When he does, his sugar insulin level spikes and could cause him to go into a diabetic coma. His family is aware of this and has always helped and cared for him. His sister, Noma, is however very jealous of all the attention her mother has always bestowed upon her brother over the years. One day, after a fight with her brother, Noma is particularly upset. She decides to replace the sugar-free cold drink in the fridge with a sugary soft drink. She pours Benson a glass of the sugary cold drink, adds a few extra spoons of sugar as well and takes it to her brother to drink. As a result, Benson goes into a diabetic coma and needs to be hospitalised causing him considerable medical expenses. Explain whether Noma's actions could be considered to be a delict and whether she would be held accountable on that basis? In coming to your conclusion, list the requirements of a delict and apply each requirement to the set of facts to determine whether Noma committed a delict in these circumstances. (10)
1.3 One of the remedies in the case of a delict is the payment of damages for three kinds of proven loss. Name the type of action, and what you can claim thereunder. (6) [Total
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