Strauss v Hilfort Plastics (Pty) Ltd and Another (4767/2007)
Strauss v Hilfort Plastics (Pty) Ltd and Another (4767/2007) [2011] ZAFSHC 61 (17 March 2011)
The court found that the Second Defendant was employed to drive and was performing the very type of work required by the employer at the time of the collision. The lack of signage or written instructions prohibiting the transport of passengers, the employer's ratification of the conduct, and the absence of disciplinary action indicated that the employer accepted the risk associated with the employee's conduct. Applying the constitutional test for vicarious liability, the court held that there was a sufficiently close connection between the wrongful act and the employer's business. Even if the…
Source excerpt
- Vicarious Liability
- Negligence
- Scope Of Employment
- Ratification Of Employee Conduct