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.