, LCR4805 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (895789) - DUE 27 March 2025
Question 1 Andrew works for a pharmaceutical company, LIFE (Pty)
Ltd. Andrew has an interest in writing. In his spare time, he writes
articles for an online news website, Community News. A few months
ago, gas exploded in the area where Gas – It (Pty) Ltd is located and
damaged a few houses in the community. Andrew on the Community
news website, published an article (which he wrote from his office
computer) about the explosion. In the article Andrew alleges that the
explosion was due to the negligence of Gas – It (Pty) Ltd. He lists
several issues, including a lack of proper maintenance and security
measures by the company. The article named “Nick” as the managing
director of Gas – It (Pty) Ltd at the time. This article was upsetting to
many readers and in a short period of time the article had accumulated
more than 100 comments – many of the comments were insulting and
threatened Nick with violence. A month after publication, Nick sent a
request to Community News to remove the comments and demanded
payment of R350 000.00 in damages allegedly suffered by the company.
Nick consults you as the company’s attorney for legal advice.
Can Andrew ’s employer, LIFE Pty Ltd, be held vicariously liable for
Andrew’s conduct, since Andrew wrote the alleged defamatory article
on his office computer? In your answer refer to applicable law. (10)
Question 1: Vicarious Liability of LIFE (Pty) Ltd
for Andrew’s Conduct
Introduction:
Vicarious liability refers to a situation where an
employer is held liable for the acts of an employee,
Semester 1 2025 (895789) - DUE 27 March 2025
Question 1 Andrew works for a pharmaceutical company, LIFE (Pty)
Ltd. Andrew has an interest in writing. In his spare time, he writes
articles for an online news website, Community News. A few months
ago, gas exploded in the area where Gas – It (Pty) Ltd is located and
damaged a few houses in the community. Andrew on the Community
news website, published an article (which he wrote from his office
computer) about the explosion. In the article Andrew alleges that the
explosion was due to the negligence of Gas – It (Pty) Ltd. He lists
several issues, including a lack of proper maintenance and security
measures by the company. The article named “Nick” as the managing
director of Gas – It (Pty) Ltd at the time. This article was upsetting to
many readers and in a short period of time the article had accumulated
more than 100 comments – many of the comments were insulting and
threatened Nick with violence. A month after publication, Nick sent a
request to Community News to remove the comments and demanded
payment of R350 000.00 in damages allegedly suffered by the company.
Nick consults you as the company’s attorney for legal advice.
Can Andrew ’s employer, LIFE Pty Ltd, be held vicariously liable for
Andrew’s conduct, since Andrew wrote the alleged defamatory article
on his office computer? In your answer refer to applicable law. (10)
Question 1: Vicarious Liability of LIFE (Pty) Ltd
for Andrew’s Conduct
Introduction:
Vicarious liability refers to a situation where an
employer is held liable for the acts of an employee,
