In this judgment the court grappled with the difficult question of imposing vicarious liability on an employer for an employee’s deliberate wrongdoing.
The court acknowledged that such situations create special difficulties both in relation to the conceptual basis for liability and public policy justifications underlying the liability.
This was a clear case of a deliberately
The Western Cape High Court in the December 2019 decision of Holtzhauzen v Cenprop Real Estate and Naheel Investments confirmed the general proposition that a principal is not liable for the negligent conduct of its independent contractor.
This was a slip and trip claim where the shopping mall owner had delegated cleaning services to a
The Supreme Court of Appeal has again extended the scope of vicarious liability. A security company was found liable for a murder committed by their site supervisor in an attempt to rob the deceased who was the financial manager at the premises which the security company were required to guard.
The court held that