GOJ part 4 Provocation

Question 1

Definition of provocation

Answer 1

incitement or soliciting through words or conduct that may justify damage causing conduct

Question 2

Nature of the defence

Answer 2

• fault: accountability and intent
• reduction of damages: court may be influenced in awarding damages by the fact that the plaintiff provoled the harm he suffered
• wrongfulness: applied by the defendant to negate the element of wrongfulness by saying the causation of harm was provoked and therefore not wrongful; no claim in delict

Question 3

Requirements of provocation

Answer 3

• the provocation must be of such a nature that one can regard the conduct in relation to it as reasonable
• if you are provoked and you counter act the response must be immediate
• there must be proportionality between the provocative conduct and reaction