Question
Which law of delict principle is applicable in the following scenario. Provide the authority and the jurisdiction is South africa. With reference to authority discuss
Which law of delict principle is applicable in the following scenario. Provide the authority and the jurisdiction is South africa. With reference to authority discuss whether Noraly's dependants can claim damages on her behalf for loss of amenities of life.
Noraly is an avid motorcyclist who heads the national executive committee of the Female Bikers Association of Africa. She religiously attends the annual Cape to Cairo event which she organises through the various organisations that she runs. As a way to attract attention to the 2021 edition of the biking event, which had suffered reputational damage because of numerous newspaper articles criticising the insensitivity of hosting such an event during the peak of the coronavirus pandemic in Africa, Noraly decides to host the event in honour of all lives lost due to the coronavirus pandemic. Furthermore, she relaxes the strict vetting process of all participating riders as a means to ensure that the event attracts as many riders as possible. Enticed by the prospect of being a part of this noble cause and despite lacking any riding experience, Lerato, a widow who recently lost her husband to coronavirus, decides to participate in the event using her late husband's motorcycle and in his honour. While setting off on the journey to Cairo, Lerato aggressively rolled the bike's throttle and crushed into Noraly who suffered severe brain damage and became permanently unconsciousness.
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