Reyneke v Intercape Ferreira Mainliner (Pty) Ltd (108/2012)
Reyneke v Intercape Ferreira Mainliner (Pty) Ltd (108/2012) [2013] ZAECGHC 47 (23 May 2013)
The court found that the indemnity clause was clear and unambiguous in excluding respondent's liability for any loss or damages, including those arising from negligence, in connection with the conveyance of passengers. The appellant had signed the passenger manifest, thereby assenting to the terms and conditions, and respondent had taken reasonable steps to bring the disclaimer to her attention. The omission of the specific words 'negligent driving' did not render the disclaimer ambiguous, as the language encompassed all forms of negligence related to the conveyance of passengers. The court f…
Source excerpt
- Indemnity Clause
- Contractual Exclusion Of Liability
- Quasi Mutual Assent
- Contra Proferens Rule
- Public Policy
- Passenger Liability