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Supreme Court of Zambia - 1992 June

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1 judgment
June 1992
Kabanda & Another v Kasanga (S.C.Z. Judgment 2 of 1992) [1992] ZMSC 103 (20 June 1992)
Employer vicariously liable despite passenger prohibition; damages must be apportioned and criminal outcomes not generally determinative of civil negligence.
  • Vicarious liability — prohibition on carrying passengers does not negate employer liability; Damages — global awards improper, must apportion between Law Reform Act and Fatal Accidents Act and adjust for inflation; Civil negligence — criminal convictions generally inadmissible except for admissions; Quantum — increased award for loss of expectation of life
20 June 1992