Lerato while taking her routine morning jog in her neighbourhood was attacked by Jabulani's fierce
rottweiler dog, named Butch. Butch charged at Lerato unexpectedly. Lerato, a licensed firearm
owner, fearing for her safety shot and killed Butch. Bearing the aforesaid in mind, answer the
following questions:
1.1 Discuss with reference to authority if Butch’s attack on Lerato qualifies as conduct for the
purposes of delictual liability. (5)
1.2 Discuss with reference to authority whether Lerato may rely on private defence or necessity
as a ground of justification if Jabulani wants to hold Lerato delictually liable for killing his dog.
Comprehensively distinguish in your answer between the two grounds of justification, referring
to their definitions as well as all their requirements, before arriving at a conclusion. (20)
1.3 Would your answer to 1.1 and 1.2 above differ if it appeared that Jabulani had incited Butch
to attack Lerato? Do not repeat all the differences between the two grounds of justification but
substantiate your answer briefly with reference to your explanation of the differences in the
previous answer. (5)
1.4 Assuming that Jabulani did not incite Butch and Lerato did not shoot and kill Butch but instead
sustained severe bodily harm requiring medical attention as a result of the attack from Butch,
what delictual remedy could Lerato rely on? Explain why you would advise her to use that
particular remedy and how you would rate her likelihood of succeeding with the remedy.
Discuss with reference to authority.