Vicarious liability is a legal principle that essentially holds an employer responsible for the actions of their employees while they are acting within the scope of their employment.
The South African law of vicarious liability applies to all employers, including corporations and individuals. It also applies to the relationship between a principal and an agent, where the principal is held responsible for the acts of the agent.
In order for an employer to be held vicariously liable, it must be established that the employee was acting within the scope of their employment at the time the act was committed. This means that the employee was performing the duties they were hired to perform, and the act was committed through performance of their employment duties. If the act was committed outside the scope of the employee’s duties, the employer may not be held vicariously liable.
However, there are exceptions to the doctrine of vicarious liability. For example, an employer may not be held responsible for the acts of an employee if the act was committed outside of working hours, or if the employee was acting for their own personal gain. Additionally, if the employee’s actions were intentional or criminal in nature, the employer may not be held vicariously liable.
In conclusion, the doctrine of vicarious liability in South African law is a well-established principle that holds employers responsible and liable for the actions of their employees while they are acting within the scope of their employment.
Proving vicarious liability can be tough without the correct legal knowledge and skills needed. If you are unsure or feel that you may have a claim, feel free to contact our offices on 011 897 1900, 076 777 1920 or info@tuckers.co.za so that we can assist you.
Article contributed by Ahmed Seedat of Tuckers attorneys.