Question
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.
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