FAWCETT SECURITY OPERATIONS (PVT) LTD v OMAR ENTERPRISES (PVT) LTD 1990 (2) ZLR 108 (H)
Citation | 1990 (2) ZLR 108 (H) |
Case No | Details not supplied |
Court | High Court, Harare |
Judge | Greenland J |
Heard | 14 June 1990 |
Judgment | 25 July 1990 |
Counsel | J B Colegrave for the applicant |
Case Type | Exception |
Annotations | Link to case annotations |
Flynote
Delict — vicarious liability — the test — act specifically forbidden by employer — theft by employee — security guard in the course of his duties — employer liable — contractual obligation to prevent loss by thefts.
Negligence in employing dishonest guard — liability not determinable on basis of vicarious liability.
Contract — failure to perform — employer of dishonest employee not entitled to retain payment for services not rendered.
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