Lethabo suffers from insomnia and, when he does sleep, he often sleepwalks. his doctor has prescribed him medication to control this condition. lethabo goes on a camping trip with his friends and as a precautionary measure keeps a knife under his pillow while sleeping. one evening while sleepwalking, he thinks he is being attacked by a robber and stabs one of his friends, mandla. in reality, there was no robber and mandla was trying to assist lethabo to get back to his bed. it transpired that lethabo had not taken his medication prescribed by the doctor that morning. mandla was seriously injured and hospitalised. mandla would like to institute a delictual action against lethabo.


Question: Lethabo suffers from insomnia and, when he does sleep, he often sleepwalks. his doctor has prescribed him medication to control this condition. lethabo goes on a camping trip with his friends and as a precautionary measure keeps a knife under his pillow while sleeping. one evening while sleepwalking, he thinks he is being attacked by a robber and stabs one of his friends, mandla. in reality, there was no robber and mandla was trying to assist lethabo to get back to his bed. it transpired that lethabo had not taken his medication prescribed by the doctor that morning. mandla was seriously injured and hospitalised. mandla would like to institute a delictual action against lethabo.

Mandla may be able to institute a delictual action against Lethabo for the injuries he sustained. In order to succeed in such an action, Mandla would need to prove the following elements:

  • Wrongfulness: Lethabo's conduct was wrongful. This means that it fell below the standard of conduct expected of a reasonable person in the same circumstances.
  • Causation: Lethabo's wrongful conduct caused Mandla's injuries.
  • Damages: Mandla suffered damages as a result of his injuries.

In this case, it is likely that Mandla would be able to prove all three elements.

Wrongfulness: Lethabo's conduct was wrongful in a number of ways. First, he failed to take his medication as prescribed by his doctor. This means that he knew or ought to have known that he was at risk of sleepwalking. Second, he kept a knife under his pillow while sleeping, even though he knew that he was at risk of sleepwalking. This was a dangerous and negligent act.

Causation: It is clear that Lethabo's wrongful conduct caused Mandla's injuries. Lethabo stabbed Mandla while sleepwalking, and Mandla was only trying to help him.

Damages: Mandla was seriously injured and hospitalised. He is therefore likely to have suffered significant damages, including medical expenses, loss of earnings, and pain and suffering.

However, Lethabo may be able to raise a number of defences to Mandla's claim. For example, he may argue that he was not negligent, or that Mandla was contributorily negligent.

Negligence: Lethabo may argue that he was not negligent because he did not know or ought not to have known that he was at risk of sleepwalking. He may also argue that he took reasonable steps to prevent Mandla from being injured, such as keeping the knife under his pillow.

Contributory negligence: Lethabo may argue that Mandla was contributorily negligent because he approached Lethabo while he was sleepwalking. He may also argue that Mandla should have been more careful, knowing that Lethabo was at risk of sleepwalking.

If Lethabo is able to raise a successful defence, he may not be liable to Mandla for the injuries he sustained.

Ultimately, whether or not Lethabo is liable to Mandla is a matter for a court to decide. The court will consider all of the facts and circumstances of the case, including Lethabo's conduct, Mandla's conduct, and the defences raised by Lethabo.

If Mandla is successful in his delictual action against Lethabo, he may be awarded a variety of damages, including medical expenses, loss of earnings, and pain and suffering.

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