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FAWCETT SECURITY OPERATIONS (PVT) LTD v OMAR ENTERPRISES (PVT) LTD 1990 (2) ZLR 108 (H)

1990 (2) ZLR p108

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
A P de Bourbon SC for the respondent

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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