Tiaan Weideman approaches you for legal advice. Diana Deetlefs, a 20 year old student at the University of Gauteng, collided with him on Saturday morning at 00:30 when she ignored a stop sign. She displayed clear signs of intoxication. She left a party at about 00:15 in Hatfield. The party's host was Samuel Heslinga. Diana has no income or assets while Samuel is very wealthy. Tiaan wants to know from you whether he may hold Samuel liable for the repair costs of his vehicle on the basis that Samuel served alcohol to Diana at a time when she was obviously intoxicated, and allowed her to leave the party while she was obviously intoxicated, and knowing that she would drive. All party guests left their keys hanging on Samuel's key holder in his kitchen and Samuel handed Diana's keys to her when she said she wanted to leave the party.

draft a letter of advice to Tiaan in which you analyse Samuel Heslinga's possible delictual liability. Explain and analyse all five elements of a delict in your answer