CERTIFICATE

IMPACT FACTOR 2021

Subject Area

  • Life Sciences / Biology
  • Architecture / Building Management
  • Asian Studies
  • Business & Management
  • Chemistry
  • Computer Science
  • Economics & Finance
  • Engineering / Acoustics
  • Environmental Science
  • Agricultural Sciences
  • Pharmaceutical Sciences
  • General Sciences
  • Materials Science
  • Mathematics
  • Medicine
  • Nanotechnology & Nanoscience
  • Nonlinear Science
  • Chaos & Dynamical Systems
  • Physics
  • Social Sciences & Humanities

Why Us? >>

  • Open Access
  • Peer Reviewed
  • Rapid Publication
  • Life time hosting
  • Free promotion service
  • Free indexing service
  • More citations
  • Search engine friendly

Reflections on the historical evolution of vicarious liability and its implications on theftuous employees

Author: 
Nico P Swartz and Odirile Otto Itumeleng
Subject Area: 
Social Sciences and Humanities
Abstract: 

The doctrine of vicarious liability has reached its pinnacle during the 19th century at the clarion call of economic and technological advances. During this time span, the English model for testing vicarious liability on the conduct of theftuousemployees, was the so-called “close connection” test. The latter test suggests that where an action is closely connected with an employee’s duties, an employer can be found vicariously liable. South Africa, influenced by the English laws of tort, jettisoned its own test, the standard test in favour for the “close connection” test. The standard test for vicarious liability is expressed as whether the employee was acting in the course and scope of his or her employment at the time the delict was committed. The latter test, as adumbrated later in the text, makes the theftuousemployee the focal point for liability as per case law ABSA Bank v Bond Equipment, Ess Kay Electronics, Phoebus Apollo and Columbus Joint Venture. Such approach is not economically feasible. The impracticability of the standard test actuated the South African Courts and particularly the Constitutional Court to adopt and emulate the English “close connection” test. The Constitutional Court in addition to the close connection test, developed the principle of vicarious liability to be in sync with the fundamental constitutional rights of the citizens. By doing so, the Courts make the pendulum swinging against employers in favour of third parties - a dichotomy to the standard test. Examples of the decisions in which the “close connection” test reign superior are thecase laws of Gore, TFN Diamond Cutting Works and Greater Johannesburg Transitional Metropolitan Council. The Courts by following the “close connection” test have also been influenced by the fact that an employer is usually more able than an employee to satisfy claims and is in a better position to pass the burden of liability by way of insurance. Because of the similarity between the two tests, a transition would be seemed smooth. But, one can also conclude that although the acceptance of the close connection test, the South African law does not rule out an employer’s liability for wilful delicts of theftuousemployees committed in the course and scope of the latter’s employment.

PDF file: 

CALL FOR PAPERS

 

ONLINE PAYPAL PAYMENT

IJMCE RECOMMENDATION

Advantages of IJCR

  • Rapid Publishing
  • Professional publishing practices
  • Indexing in leading database
  • High level of citation
  • High Qualitiy reader base
  • High level author suport

Plagiarism Detection

IJCR is following an instant policy on rejection those received papers with plagiarism rate of more than 20%. So, All of authors and contributors must check their papers before submission to making assurance of following our anti-plagiarism policies.

 

EDITORIAL BOARD

CHUDE NKIRU PATRICIA
Nigeria
Dr. Swamy KRM
India
Dr. Abdul Hannan A.M.S
Saudi Arabia.
Luai Farhan Zghair
Iraq
Hasan Ali Abed Al-Zu’bi
Jordanian
Fredrick OJIJA
Tanzanian
Firuza M. Tursunkhodjaeva
Uzbekistan
Faraz Ahmed Farooqi
Saudi Arabia
Eric Randy Reyes Politud
Philippines
Elsadig Gasoom FadelAlla Elbashir
Sudan
Eapen, Asha Sarah
United State
Dr.Arun Kumar A
India
Dr. Zafar Iqbal
Pakistan
Dr. SHAHERA S.PATEL
India
Dr. Ruchika Khanna
India
Dr. Recep TAS
Turkey
Dr. Rasha Ali Eldeeb
Egypt
Dr. Pralhad Kanhaiyalal Rahangdale
India
DR. PATRICK D. CERNA
Philippines
Dr. Nicolas Padilla- Raygoza
Mexico
Dr. Mustafa Y. G. Younis
Libiya
Dr. Muhammad shoaib Ahmedani
Saudi Arabia
DR. MUHAMMAD ISMAIL MOHMAND
United State
DR. MAHESH SHIVAJI CHAVAN
India
DR. M. ARUNA
India
Dr. Lim Gee Nee
Malaysia
Dr. Jatinder Pal Singh Chawla
India
DR. IRAM BOKHARI
Pakistan
Dr. FARHAT NAZ RAHMAN
Pakistan
Dr. Devendra kumar Gupta
India
Dr. ASHWANI KUMAR DUBEY
India
Dr. Ali Seidi
Iran
Dr. Achmad Choerudin
Indonesia
Dr Ashok Kumar Verma
India
Thi Mong Diep NGUYEN
France
Dr. Muhammad Akram
Pakistan
Dr. Imran Azad
Oman
Dr. Meenakshi Malik
India
Aseel Hadi Hamzah
Iraq
Anam Bhatti
Malaysia
Md. Amir Hossain
Bangladesh
Ahmet İPEKÇİ
Turkey
Mirzadi Gohari
Iran