Civil Procedure

Respondeat Superior / Vicarious Liability

The principle that an employer is liable for the delicts (wrongs) of an employee committed in the course and scope of employment.

Legal Definition

Vicarious liability (respondeat superior — "let the master answer") holds an employer responsible for the wrongful acts of an employee committed while acting within the course and scope of employment. The employer's liability is indirect — they are held liable even if they were not personally negligent. The Constitution and courts have extended vicarious liability to some sufficiently close relationships beyond formal employment.

📖 Constitutional / Statutory Basis: Section 34 (access to courts)

Practical Example

A delivery driver negligently causes an accident while making deliveries during work hours. The employer (company) is vicariously liable for the victim's damages, even though the company did nothing wrong personally.

Frequently Asked Questions

Is an employer liable if an employee commits a crime during work hours in South Africa?

Generally no for intentional crimes, unless the employer's negligence contributed (e.g., failing to screen a violent employee). The Constitutional Court in K v Minister of Safety & Security extended vicarious liability for sexual assault by police officers in certain circumstances.

Can an employer recover costs from an employee after being found vicariously liable?

Yes — an employer who is held vicariously liable for an employee's delict can claim contribution or indemnity from the employee who was personally at fault. This right of recourse is commonly exercised in serious misconduct cases.

Related Terms

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