JUDGMENT

Leong Wai Hong JC:

Introduction

[1] The law on vicarious liability states that, in certain circumstances, an employer can be held liable for an act of negligence or an intentional wrong committed by his employee, where no fault can be attributed to the employer.

[2] The jurisprudence behind vicarious liability is that some relationships, by their very nature, require the person who engages others to accept responsibility for the wrongdoing of those others. However, the test to be used to hold an employer vicariously liable has vexed the Courts for years since its origin in the common law since the 17th century.

[3] In these grounds of judgment, I will review the various tests formulated by Courts in the unending and elusive search for perfection.

[4] Parties shall be referred to as they were cited at the Sessions Court.

[5] The appeal before me by the 1st defendant deals with the vicarious liability of the 1st defendant for the misappropriation of monies by its employee A. Rahman Bin Sabar, the 2nd defendant, totaling RM314,542.97, while assigned to work at the plaintiff's condo office from 2017 to 2019.

[6] The key issue is whether the 1st defendant, a company that provides prope