,MRL3702 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2025 - DUE April 2025; 100% correct solutions
and explanations.
Mokoko works for Ko-Diplaseng (Pty) Ltd (KD) as a truck
driver. He loads and delivers potatoes to all branches of
Mazimba Factories (MF) in South Africa. For long distances,
KD would normally give Mokoko a petty cash to enable him to
buy food to eat when he feels hunger, book a hotel room when
he feels tired, and to proceed with a safe trip the following day
when he is refreshed. One day as Mokoko was on his way to
deliver potatoes from Pretoria to Cape Town he noticed a lady
with a baby on her back walking alongside the road between two
remote towns. Out of sympathy, Mokoko stopped and gave the
lady a lift. When they got to the next town, dusk had fallen, and
he decided to take a fifteen kilometers detour, just to make sure
that the lady and her baby arrived safely at home. Due to poor
lighting in the village, Mokoko could not see a donkey cart
entering the road and he hit it. As a result, the truck and the cart
were damaged and the legs of the two donkeys which pulled the
cart were broken. A veterinarian report indicated that the
donkeys would no longer be of any use because of their injuries.
The owner of the cart, a 58-year-old, Radipitsi who is
unemployed and relied on cart services he offered to the locals
to survive, wants the truck driver to pay the cost of both the
damaged cart and injured donkeys to the value of R150 000.00.
Radipitsi has lost a source of his income and Mokoko is not in a
position to compensate Radipitsi.
, Answer the following questions with reference to the applicable
legal authority:
1. Advise Radipitsi of the applicable labour law principle that he
may rely on to successfully claim for his loss and how that
principle works. (5)
Legal Advice to Radipitsi Regarding His Claim Against Ko-
Diplaseng (Pty) Ltd (KD)
Vicarious Liability as the Applicable Legal Principle
Radipitsi may rely on the legal principle of vicarious liability to
successfully claim for his loss from Ko-Diplaseng (Pty) Ltd
(KD). Vicarious liability is a common law principle in labour
law and delict that holds an employer liable for the wrongful
acts of an employee committed within the course and scope of
employment. The employer can be held responsible for damages
caused by the employee’s actions if those actions occurred while
the employee was executing duties assigned by the employer.
Elements of Vicarious Liability
For Radipitsi to establish a successful claim against KD, he must
prove the following elements:
1. Existence of an Employer-Employee Relationship:
Semester 1 2025 - DUE April 2025; 100% correct solutions
and explanations.
Mokoko works for Ko-Diplaseng (Pty) Ltd (KD) as a truck
driver. He loads and delivers potatoes to all branches of
Mazimba Factories (MF) in South Africa. For long distances,
KD would normally give Mokoko a petty cash to enable him to
buy food to eat when he feels hunger, book a hotel room when
he feels tired, and to proceed with a safe trip the following day
when he is refreshed. One day as Mokoko was on his way to
deliver potatoes from Pretoria to Cape Town he noticed a lady
with a baby on her back walking alongside the road between two
remote towns. Out of sympathy, Mokoko stopped and gave the
lady a lift. When they got to the next town, dusk had fallen, and
he decided to take a fifteen kilometers detour, just to make sure
that the lady and her baby arrived safely at home. Due to poor
lighting in the village, Mokoko could not see a donkey cart
entering the road and he hit it. As a result, the truck and the cart
were damaged and the legs of the two donkeys which pulled the
cart were broken. A veterinarian report indicated that the
donkeys would no longer be of any use because of their injuries.
The owner of the cart, a 58-year-old, Radipitsi who is
unemployed and relied on cart services he offered to the locals
to survive, wants the truck driver to pay the cost of both the
damaged cart and injured donkeys to the value of R150 000.00.
Radipitsi has lost a source of his income and Mokoko is not in a
position to compensate Radipitsi.
, Answer the following questions with reference to the applicable
legal authority:
1. Advise Radipitsi of the applicable labour law principle that he
may rely on to successfully claim for his loss and how that
principle works. (5)
Legal Advice to Radipitsi Regarding His Claim Against Ko-
Diplaseng (Pty) Ltd (KD)
Vicarious Liability as the Applicable Legal Principle
Radipitsi may rely on the legal principle of vicarious liability to
successfully claim for his loss from Ko-Diplaseng (Pty) Ltd
(KD). Vicarious liability is a common law principle in labour
law and delict that holds an employer liable for the wrongful
acts of an employee committed within the course and scope of
employment. The employer can be held responsible for damages
caused by the employee’s actions if those actions occurred while
the employee was executing duties assigned by the employer.
Elements of Vicarious Liability
For Radipitsi to establish a successful claim against KD, he must
prove the following elements:
1. Existence of an Employer-Employee Relationship:
