South Africa Case Law

Absa Bank Ltd v Bond Equipment (Pretoria) (Pty) Limited (580/98)

Absa Bank Ltd v Bond Equipment (Pretoria) (Pty) Limited (580/98) [2000] ZASCA 59; 2001 (1) SA 372 (SCA) ; [2001] 1 All SA 1 (A); (2001) 22 ILJ 95 (SCA) (29 September 2000)

Court

Supreme Court of Appeal

Case number

580/98

Judges

Smalberger, Harms, Schutz, Zulman, Mpati

The court held that an employee’s theft of his employer’s cheques was outside the course and scope of employment, so the employer was not vicariously liable.

• Vicarious Liability
• Theft By Employee
• Negligence Of Bank
• Proximate Cause
• Concurrent Wrongdoers
• Vicarious-liability

Nedcor Bank Limited v Lloyd-Gray Lithographers (Pty) Limited (257/98)

Nedcor Bank Limited v Lloyd-Gray Lithographers (Pty) Limited (257/98) [2000] ZASCA 166; [2000] 4 All SA 393 (A) (8 September 2000)

Court

Supreme Court of Appeal

Case number

257/98

Judges

Smalberger, Vivier, Harms, Scott, Zulman

The Supreme Court of Appeal held that Nedbank and S were concurrent wrongdoers at common law, each independently causing the same indivisible damage to the respondent. The respondent was entitled to recover the full amount of its loss from Nedbank, and its right of action against S was not a relevant asset for the purpose of calculating damages. The Court rejected the reasoning in Holscher v Absa Bank en 'n Ander, finding that it was incorrect to deduct the value of a claim against another wrongdoer from the damages recoverable from the bank. The appeal was dismissed, confirming that concurre…

Source excerpt

• Collecting Bank Liability
• Computation Of Damages
• Concurrent Wrongdoers
• Solidum Liability