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South Africa Case Law

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Commercial And Corporate [2012] ZAGPJHC 85

Martinair v Airline Cargo Resources (Pty) Ltd and Another (07/26188)

Martinair v Airline Cargo Resources (Pty) Ltd and Another (07/26188) [2012] ZAGPJHC 85 (4 May 2012)

The court held the first defendant liable for damage to cargo in transit, finding a binding carriage agreement and rejecting defences based on subcontracting and insurance limits.

  • Contract Of Carriage
  • Carrier Liability
  • Insurance Warranty
  • Breach Of Contract
  • Subcontracting
  • Damages For Goods In Transit
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Admiralty And Maritime [2007] ZASCA 12

Mediterranean Shipping Company (Pty) Ltd. v Tebe Trading (Pty) Ltd. [MSC Spain] (204/06)

Mediterranean Shipping Company (Pty) Ltd. v Tebe Trading (Pty) Ltd. [MSC Spain] (204/06) [2007] ZASCA 12; [2007] SCA 12 (RSA); 2008 (6) SA 595 (SCA) ; [2007] 2 All SA 489 (SCA) (20 March 2007)

The SCA held that a shipping agent owed no delictual duty to warn a shipper of a permitted deviation and delay under the bill of lading.

  • Carrier Liability
  • Agent Principal Relationship
  • Pure Economic Loss
  • Scope Of Voyage Clause
  • Himalaya Clause
  • Delict
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Admiralty And Maritime [2005] ZAWCHC 97

Freshgold SA Exports (Pty) Ltd v Maritime Carrier Shipping GmbH and Co (AC166/03)

Freshgold SA Exports (Pty) Ltd v Maritime Carrier Shipping GmbH and Co (AC166/03) [2005] ZAWCHC 97 (15 December 2005)

The court held that the shipper was bound by the carrier’s standard bill of lading terms, including exclusion and transfer clauses, and dismissed the claim.

  • Bill Of Lading Terms
  • Carrier Liability
  • Oral Contract
  • Standard Terms
  • Exclusion Clauses
  • Bill-of-lading-terms
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.