PVL3703 Assessment 2 (WRITTEN) 2024 - DUE 30 March 2024

PVL3703 Self Assessment 2 (WRITTEN) 2024 - DUE 30 March 2024 ... 100 % TRUSTED workings, explanations and solutions. For assistance call or W.h.a.t.s.a.p.p us on +/ 2/ 5/ 4 /7 /7 /9 /5 /4 /0 /1 /3 /2 . ASSIGNMENT 2 Mr Gummy, a bank manager who has long been treated for alcoholism and has been punished multiple times in the past for offences committed while drunk, showed up at work intoxicated, wasted and belligerent. Mr Gummy was holding a leash attached to the neck of his bullmastiff dog, despite the prohibition policy on bringing pets to the workplace. Upon his arrival, he summoned a fellow junior employee, Ms Divine to his office. While Ms Divine was standing in front of his desk, Mr Gummy yelled at her, using swear words and other immoral language. When Ms Divine swore back at him, Mr Gummy incited his bullmastiff dog to attack her. The dog jumped at Ms Divine, she subsequently fell to the concrete floor and the dog mauled her. A huge chunk of her cheek is missing, and she will require reconstructive surgery. She also suffered a severe concussion, a broken spine, dislodgement of her right shoulder and a fracture of her right arm. Consequently, she was hospitalised and received extensive medical treatment. She has not returned to work and has not received her employment benefits and/or salary from her employer. She is unable to continue to work with Mr Gummy under the circumstances. It emerged that Mr Gummy’s ego was bruised when Ms Divine rejected his romantic advances a day before. Ms Divine instituted a delictual action against her employer and Mr Gummy. Mr John, the CEO of the bank, and on behalf of the employer, raised the defence that Mr Gummy was intoxicated and therefore did not act when Ms Divine was attacked by his dog. Will the court uphold the CEO’s defence? Fully discuss the merits of this defence with reference to its theoretical background and relevant authority. [Maximum marks: 50]