X is an ambulance driver at Charlotte Maxeke Academic Hospital.
At 02:00 one Saturday morning, X received an emergency call from a patient in
Auckland Park. In his haste to reach his destination as quickly as possible, X
disregarded red traffic lights and speed limits. As a result, he was involved in a
minor car accident.
X was then sued by the other party for damages worth R10 000.
X raised the defence that, although he disregarded red traffic lights and speed
limits, the ambulance sirens alerted the other drivers. Furthermore, he acted
within the course and scope of his duties, as he rushed to pick up a severely ill
patient from her house.
With reference to decided cases, comprehensively discuss the presumption that
applies to or is embodied by X’s defence. Also advise X whether or not he is liable
for said damages. South African Law (10 Marks)
1
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2021-08-26T05:43:34-0400
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