Answered step by step
Verified Expert Solution
Link Copied!

Question

00
1 Approved Answer

Greg regularly invited Bert to his ostrich farm in the Karoo. Greg warned Bert to be cautious around the ostriches and not to startle them.

Greg regularly invited Bert to his ostrich farm in the Karoo. Greg warned Bert to be cautious around the ostriches and not to startle them. Bert informed Greg that he knew how to deal with 'these birds' and that he always interacted with one ostrich, known as Daisy, during his visits. Bert always teased and taunted Daisy for self-amusement. During his last visit, Bert picked up a stone and threw it in the direction of Daisy. Daisy began to chase Bert. Bert then ran towards the house and tripped and fell, injuring his leg. Bert was hospitalised due to the injury and unable to return to work for a month. Bert would like to institute a delictual action against Greg based upon Greg's alleged negligent conduct of keeping wild animals in a place that the public can have access to.

4.1 Assume for the purpose of answering this question (4.1) that Bert can prove that Greg's conduct was wrongful and negligent. Under these circumstances, what defence may Greg rely upon and what will the effect of a successful reliance on the defence be? Discuss in detail with reference to case law and legislation. (20)

4.2 Now assume for the purpose of answering this question (4.2) that Bert cannot prove that Greg's conduct was wrongful and negligent. Under these circumstances, what remedy would Bert have against Greg and how likely is he to succeed with this remedy? Discuss with reference to case law.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

International Marketing And Export Management

Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr

8th Edition

9781292016924

Students also viewed these Law questions

Question

Treasury funding issues.

Answered: 1 week ago

Question

The purpose and structure of the treasury function.

Answered: 1 week ago

Question

Use of the yield curve by organisations.

Answered: 1 week ago