Section C (Delict)

Question 3

Ray works as a driver for Blossom Florist. One day, while he was driving the company van to deliver some flowers to a customer, he saw a little boy crying by the roadside. Ray kept staring at the little boy. He did not see where he was going and collided with Johnny, a motorcyclist. Johnny, who was not wearing his helmet, was flung off his motorcycle, landed on the roadside, and knocked his head hard on the pavement. He suffered serious injuries to his head and broke his right leg. Jenny was walking on the other side of the road when the accident happened. She witnessed the accident and was traumatized by the whole scene. She now needs psychiatric treatment to get over her nervous shock. She feels she is unable to return to work.

(a) Advise Johnny whether he can successfully claim compensation for the injuries suffered under the law of delict. In your answer consider any defenses that may be raised to defeat his claim.