MRL3702
Assignment 2 Semester 2024
Unique Number:
Due Date: 13 September 2024
(3 ANSWERS PROVIDED)
Sani Jacobs has a potential legal remedy against Sara-Lee’s employer, under the principle of
vicarious liability. Vicarious liability is a legal doctrine that holds employers liable for the wrongful
acts committed by their employees during the course and scope of employment. The key issue
here is whether Sara-Lee’s actions fall within the scope of her employment and whether her
employer can be held liable for the damages.
Vicarious Liability
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(3 ANSWERS PROVIDED)
Sani Jacobs has a potential legal remedy against Sara-Lee’s employer, under the principle
of vicarious liability. Vicarious liability is a legal doctrine that holds employers liable for the
wrongful acts committed by their employees during the course and scope of employment.
The key issue here is whether Sara-Lee’s actions fall within the scope of her employment
and whether her employer can be held liable for the damages.
Vicarious Liability
Vicarious liability applies when an employee causes harm or injury to a third party while
performing their job duties, even if the employee's actions are negligent. In this case, Sara-
Lee was on her way to perform audit work at the South African Broadcasting Corporation
(SABC) when the accident occurred. The critical question is whether she was acting in the
course and scope of her employment at the time of the accident.
South African case law has established several key principles concerning the application of
vicarious liability. In the case of Minister of Police v Rabie (1986), the court held that for an
employer to be held vicariously liable, the wrongful act must be committed within the scope
of the employee’s employment. In this case, Sara-Lee was driving her employer's car to
complete an assigned task, which would likely be considered as acting within the course of
her employment.
Negligence and Scope of Employment
Although Sara-Lee was negligent in driving at an excessive speed, her negligence does not
negate her employer’s potential liability under vicarious liability principles. The courts have
previously held that even if an employee acts negligently, as long as the act falls within the
employee’s scope of work, the employer can still be held liable. This is demonstrated in
Nkala v Harmony Gold Mining Co Ltd (2016), where the employer was held liable for the
employee’s negligent conduct as it occurred during the performance of their duties.
Sara-Lee's negligence, therefore, does not remove the employer’s responsibility, as she
was performing her duties at the time of the accident. The fact that she was late and
speeding to complete her work assignment may support the argument that her actions were
still linked to her employment, rather than acting for personal reasons or outside the bounds
of her job.
Legal Remedy for Sani Jacobs
