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QUESTION 1
Kea works for RDP Communiqué and uses a company motorcycle on a daily basis to deliver mail. One Monday while on duty, Kea hits Madala's gate causing it to fall on Madala's legs. As a result Madala sustains serious injuries and is taken to hospital. Madala's medical costs amount to R70 000, while the gate repairs amount to R30 000. Madala's lawyer, Zithasam, writes to RDP Communiqué demanding that the company settle the hospital bill and pay for the repair of the gate. The company refuses and claims the following: 'We are not an insurance company and we are not responsible for your loss'.
Discuss whether Kea or RDP Communiqué can be held liable for Madala's hospital bill and gate repairs.
QUESTION 2
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