Lemekwane Constructions (Pty) Ltd (LC) builds the sky-creepers and specialises in all works carried out in...

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Lemekwane Constructions (Pty) Ltd (LC) builds the sky-creepers and specialises in all works carried out in elevated positions. LC is an employer to Ditena and Disenke who are all qualified bricklayers. Answer the following questions: (i) Assume that Disenke and Ditena are putting a plaster on the fourth level walls of the building. It emerged that the structure that they were putting a plaster on was not dry enough to carry or support the weight of two fully-grown humans and it fell on Disenke, causing him injuries. He was rushed to the doctor who examined him and later issued a report which indicates that Disenke would not be able to work anymore as his injuries include broken arms, neck, and a hip. Explain the direct costs which the employer would suffer as a result Disenke's injuries and permanent inability to work. (10) (ii) Assume further that Disenke dies because of the injuries. Disenke is survived by a wife and two minor children of nine and eleven years. His wife lodges a claim against the LC on her personal capacity and her capacity as the guardian of the children for the damages arising from the loss of the husband. With the relevant authority, explain whether Disenke's wife may be legally successful with her claims and what she needs as a proof of her claims. Your answer must also include any possible defence available for the LC. (10) Lemekwane Constructions (Pty) Ltd (LC) builds the sky-creepers and specialises in all works carried out in elevated positions. LC is an employer to Ditena and Disenke who are all qualified bricklayers. Answer the following questions: (i) Assume that Disenke and Ditena are putting a plaster on the fourth level walls of the building. It emerged that the structure that they were putting a plaster on was not dry enough to carry or support the weight of two fully-grown humans and it fell on Disenke, causing him injuries. He was rushed to the doctor who examined him and later issued a report which indicates that Disenke would not be able to work anymore as his injuries include broken arms, neck, and a hip. Explain the direct costs which the employer would suffer as a result Disenke's injuries and permanent inability to work. (10) (ii) Assume further that Disenke dies because of the injuries. Disenke is survived by a wife and two minor children of nine and eleven years. His wife lodges a claim against the LC on her personal capacity and her capacity as the guardian of the children for the damages arising from the loss of the husband. With the relevant authority, explain whether Disenke's wife may be legally successful with her claims and what she needs as a proof of her claims. Your answer must also include any possible defence available for the LC. (10)

Answer rating: 100% (QA)

1 Direct Costs of Disenkes Injuries The direct costs that the employer Lemekwane Constructions Pty Ltd LC would suffer as a result of Disenkes injuries and permanent inability to work include 1 Medica... View the full answer