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

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.

1.1 Discuss with reference to relevant authority whether Lethabo indeed acted for the purposes of the law of delict. (15)

1.2 Would your answer to question 1.1 above differ if Lethabo had not suffered from insomnia before and this was the first time that he was found sleepwalking?

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