There is also, in almost all jurisdictions, a tort or delict of misrepresentation, involving the making of a statement that is untrue even though not defamatory.
Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental.
It fell now to be decided what were the duties of a private employee in relation to his employer and the employee's delict and duties of employment or instruction.