n South African Law Journal - The abandonment-mismanagement rule : vicarious liability for an employee's simultaneous commission and omission : notes
|Article Title||The abandonment-mismanagement rule : vicarious liability for an employee's simultaneous commission and omission : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 Cape Bar|
|Publication Date||Jan 2015|
|Pages||270 - 284|
The South African legal doctrine of vicarious liability has undergone striking expansion in recent years. In a series of decisions, mostly involving the state and its police and servicemen, the courts have imposed liability for intentional wrongs constituting flagrant breaches of the wrongdoers' employment duties. The most recent of these decisions is that of the Supreme Court of Appeal in Minister of Defence v Von Beneke 2013 (2) SA 361 (SCA) ('Von Beneke'), which concerned the theft by an employee of the South African Defence Force of R4 assault rifle components and ammunition that facilitated an assault subsequently carried out with an assembled rifle. The employee in question had been responsible for safeguarding these and various other infantry weapons.
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