Semester 1 2025 - DUE 27 March2025; 100% correct
solutions and explanations.
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)