Leong Wai Hong JC:

Judgment

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 17^th 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 1^st defendant deals with the vicarious liability of the 1^st defendant for the misappropriation of monies by its employee A. Rahman Bin Sabar the 2^nd defendant totaling RM 314,542.97 while assigned to work at the plaintiff’s condo office from 2017 to 2019.

[6]The key issue is whether the 1^st defendant a company that provides property management