oa De Jure - Determination of constitutional nature of contractual and delictual claims - strict contractual liability of security company - vicarious liability of security company for wrongful and negligent conduct of employee
Loureiro and Others v iMvula Quality Protection (Pty) Ltd 2014 3 SA 394 (SCA) : recent case law
The case under discussion is of general interest to those interested in the law of contract and delict, and of particular interest to practitioners in the private security industry field. It also provides a sterling example of the risks involved in modern litigation in South African courts: Here the plaintiffs who had succeeded fairly easily in the High Court and subsequently had to bear the disappointment of seeing their judgment overturned on appeal by a majority of the Supreme Court of Appeal, finally won the day when the Constitutional Court granted them leave to appeal and finally upheld their appeal against the judgment of the Supreme Court of Appeal, in effect reinstating the judgment of the High Court.
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