Willem Wessels v Zecks Dube and Manica Zimbabwe (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the second defendant is vicariously liable for the damage to the plaintiff's vehicle caused by its employee Miyen Zhou","issue_type":"law","dispositive":"yes","related_facts":"The vehicle was damaged while being driven by Miyen Zhou, an employee of the second defendant"}
• {"issue_text":"Whether the plaintiff is entitled to specific performance (replacement vehicle) or alternatively damages in the form of replacement value","issue_type":"law","dispositive":"yes","related_facts":"The vehicle was destroyed and cannot be repaired; replacement cost is US$11,544"}
• {"issue_text":"Whether the order for specific performance is capable of being complied with","issue_type":"procedural","dispositive":"yes","related_facts":"The vehicle is a 1997 model with specific mileage; can be sourced from Japan, Singapore, or Dubai"}

Background