Name: LCR4805 Assignment 1 2025 - Due 27 March 2025 - StudyPass
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LCR4805 Assignment 1 2025 – Due 27 March 2025

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LCR4805
Question 1 2025

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.

According to the vicarious liability principles, legal principle that holds an employer
responsible for wrongful acts committed by an employee, provided these acts occur
within the course and scope of employment. The key issue in this case is whether LIFE
(Pty) Ltd can be held vicariously liable for Andrew’s allegedly defamatory article, which
he wrote using his office computer.

2. Legal Principles of Vicarious Liability

Under South African law, an employer is vicariously liable for an employee’s wrongful
act if the following conditions are met: