MRL3702
ASSIGNMENT 2
DUE DATE: 16 APRIL 2025
, MRL3702 ASSISNMENT 2 S1 2025
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 ababy 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
Answer the following questions with reference to the applicable legal authority:
(i) Advise Radipitsi of the applicable labour law principle that he may rely on to
successfully claim for his loss and how that principle works.
In terms of labour law, Radipitsi may rely on the doctrine of vicarious liability to claim
compensation for the loss suffered. This principle holds that an employer may be liable
for the wrongful acts committed by an employee in the course and scope of their
employment¹.
To apply this doctrine successfully, the following three requirements must be met²:
There must be an employment relationship between Mokoko and KD.
The act (the accident) must have occurred in the course and scope of Mokoko’s
employment.
Mokoko must have committed a delict (a wrongful act resulting in damage).
ASSIGNMENT 2
DUE DATE: 16 APRIL 2025
, MRL3702 ASSISNMENT 2 S1 2025
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 ababy 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
Answer the following questions with reference to the applicable legal authority:
(i) Advise Radipitsi of the applicable labour law principle that he may rely on to
successfully claim for his loss and how that principle works.
In terms of labour law, Radipitsi may rely on the doctrine of vicarious liability to claim
compensation for the loss suffered. This principle holds that an employer may be liable
for the wrongful acts committed by an employee in the course and scope of their
employment¹.
To apply this doctrine successfully, the following three requirements must be met²:
There must be an employment relationship between Mokoko and KD.
The act (the accident) must have occurred in the course and scope of Mokoko’s
employment.
Mokoko must have committed a delict (a wrongful act resulting in damage).
