Jacques v Property Management Corporation (385 of 2006) [2011] SCSC 13 (22 February 2011)

Jacques v Property Management Corporation (385 of 2006) [2011] SCSC 13 (22 February 2011)

The defendant is vicariously liable for the negligent acts of its employee, who drove recklessly and caused the plaintiff's injuries in the course of employment. However, as the plaintiff has already received R1.2 million from the defendant's insurer, the defendant's liability is reduced accordingly, and only the...

Source-derived case information.

Citation
[2011] SCSC 13
Parties
Plaintiff: Jacques; Defendant: Property Management Corporation
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 February 2011
Case Number
385 of 2006
Procedural Posture
Civil Delict/tort / Judgment
Outcome
judgment for the plaintiff, partial award
Legal Topics
Vicarious Liability, Personal Injury, Assessment of Damages, Insurance and Compensation
Source Language
english
Tort Law Employment Law Vicarious Liability Personal Injury Assessment of Damages Insurance and Compensation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jacques

Plaintiff

Property Management Corporation

Defendant

Procedural Posture

Civil Delict/tort / Judgment

Legal Issues

  1. 1 Whether the deceased employee drove recklessly causing the accident and injury to the plaintiff
  2. 2 Whether the defendant is vicariously liable for the acts of its employee
  3. 3 Whether the plaintiff is entitled to damages despite receiving insurance compensation

Ratio Decidendi

The defendant is vicariously liable for the negligent acts of its employee, who drove recklessly and caused the plaintiff's injuries in the course of employment. However, as the plaintiff has already received R1.2 million from the defendant's insurer, the defendant's liability is reduced accordingly, and only the balance is payable.

Court Disposition

judgment for the plaintiff, partial award

Orders

  • Defendant to pay plaintiff R400,000 with interest at 4% per annum from date of plaint
  • Defendant to pay costs