Question
John is employed as a driver by Company X. His main job is to transport employees of Company from the city center to the company's
John is employed as a driver by Company X. His main job is to transport employees of Company from the city center to the company's business offices some 15 km outside the city. The company has a strict policy that no persons who are not employees of Company X should be conveyed on its vehicles. There is also an instruction on the doors of all Company X minibusses that reads: No unauthorized passengers. Only company employees are allowed onto this vehicle. One day as John was going to town to pick up a group of employees, he saw Clive the brother of his friend Jake. Clive was going to town and John decided to give him a lift since he was also going there. It was also raining, and John felt bad about leaving his friend's brother on the road in such conditions. Along the way, they are involved in an accident. Clive sustained a fractured left leg and dislocated his right shoulder. John escaped with minor bruises. The accident was apparently due to excessive speed under wet conditions. Consequently, he lost control of the vehicle and it overturned. Clive was traumatized by the accident and his medical expenses have been quoted at R51 000.00. He decides to sue Company X for the following: (i) R51 000 in medical expenses (ii) R100 000 in general damages (iii) R30 000 pain and suffering You are a risk management officer at Company X. Is the company liable for the above payments. (10 marks)
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