n South African Law Journal - and the increasingly blurred line between personal and vicarious liability : notes

Volume 125, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



An employer's delictual liability can be either personal or vicarious. Vicarious liability is a form of secondary liability. It is liability for the of an committed within the . Its conceptual ambit is thus limited in three ways. In considering whether an employer should be held liable, none of these limitations holds. All that is asked is whether the employer wrongfully and negligently caused the plaintiff's injury.

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