IDelictual Liability of a Security Firm for the Theft of a Vehicle Guarded by Its Employee: Viv’s Tippers v Pha Phama Staff Services 2010 4 SA 455 (SCA)
Journal of Contemporary Roman-Dutch Law, Vol. 74, p. 169, 2011
8 Pages Posted: 7 Mar 2012
Date Written: February 6, 2011
Abstract
The primary issue in this case was whether the owner of a vehicle, stolen from premises protected by a guard employed by a security firm at the instance of the owner of the premises, has a delictual claim against the security firm for the theft of its vehicle. Before dealing with Lewis JA’s decision, a brief overview of prior relevant case law, to which she also referred (para 1), will be provided, namely Compass Motors Industries (Pty) Ltd v Callguard (Pty) Ltd 1990 2 SA 520 (W) and Longueira v Securitas of South Africa (Pty) Ltd 1998 4 SA 258 (W) (see also Neethling and Potgieter Neethling-Potgieter-Visser Law of delict (2010) 71).
Keywords: delictual liability, theft
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