Benny is a registered electrician. Bulelwa wants to buy a house as an investment, but she wants certainty that the electrical wiring of the house complies with municipal regulations. She contacts Benny to inspect the house before she buys it. After inspecting the wiring of the house, Benny provides Bulelwa with a certificate which states that the wiring is correct and complies with the municipal regulations. This puts Bulelwa’s mind at ease and she buys the house. Five years later, the house’s value has increased and Bulelwa decides that it is time to cash in on her investment. She decides to sell the house. Thandeka, who wishes to buy the house, instructs another electrician, named Pierre, to inspect the wiring. Pierre issues a certificate which states that the wiring is not compliant with municipal regulations. Bulelwa gets a third electrician to look at the wiring and he confirms Pierre’s finding. Bulelwa approaches you for legal advice and she wants to know if she can sue Benny for the money that she had to spend on fixing the wiring. Please answer the following questions:

1. 1.1 Identify which form of patrimonial loss has been suffered by Bulelwa and motivate your answer. (3)

2. 1.2 Identify which specific delict Benny will be held liable for (if all the requirements are met). (1)

1.3 Explain how the court will determine whether Benny acted wrongfully and apply these principles to reach a conclusion about the wrongfulness of his conduct. Your answer should include at least three factors which the court will take into consideration in this scenario. (10)

* You are required to use the IRAC method when answering this question. However, it is not necessary to identify the legal issue since this is already included in the question.

1.4 Benny enters a special plea to the effect that Bulelwa's claim – if she has one – has prescribed due to the fact that more than three years have elapsed since he provided her with the incorrect certificate. Explain whether this plea will succeed. (5)

Answer rating: 100% (QA)

11 Identify which form of patrimonial loss has been suffered by Bulelwa and motivate your answer 3 Bulelwa has suffered a patrimonial loss in the form of financial loss Benny has breached his duty of ... View the full answer