PREVIEW
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.
DISTINCTION Footnotes and/or Bibliography
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, 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)
Assessment criteria
• This question will be evaluated primarily on the overall content of the answ
er, the substantiated conclusions and the referencing style used. You will be penalised if
you merely “copy and paste” information from the Internet. You have to communicate
the information in your own words.
• Length restriction: Your answer to this question may not exceed 2 typed pages.