On 20 April 2009, Dennis Dube and his friend James Moyo decided to travel by coach from Harare to Bulawayo to attend the Annual International Trade Fair. At the beginning of the journey the driver of the bus, Fambai, made an announcement for all passengers to fasten their seat belts and during the course of the journey the bus’s electronic board kept flashing messages reminding passengers to fasten their seat belts. Dennis Dube complied with the instructions and fastened his seat belt whilst James Moyo did not.With 100km to reach their destination, it started to rain very heavily. The road became slippery and visibility was very poor. Whilst the majority of motorists travelling in either direction decided to park their vehicles, the driver of the coach proceeded with the journey and in spite of the unfavourable weather conditions, he drove very fast. Shortly afterwards, the driver lost control and the coach crashed into a big tree; both Dennis Dube and James Moyo, along with other passengers, sustained injuries. As James was not wearing his seat belt he sustained more serious injuries than Dennis. Lawyers representing the two men have quantified the damages due to Dennis Dube at $4,000·00 and the damages due to James Moyo at $10,000·00.Required:In relation to the law of delict, explain whether the defendant bus company has any defence (whether full or partial) to the damages claims filed by Dennis Dube and James Moyo. (10 marks)

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