South Africa Case Law

Solatha General Trade CC vs Intertown Transport (Pty) Ltd (3104/2021)

Solatha General Trade CC vs Intertown Transport (Pty) Ltd (3104/2021) [2023] ZAECQBHC 32 (6 June 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3104/2021

Judge

O H Ronaasen

The court held that the plaintiff's particulars of claim disclosed a valid cause of action against the defendant as a carrier and bailee for reward. The essential averments required for a contract of carriage were present, and the defendant bore the onus to prove that any loss or damage occurred without its fault. The plaintiff was not required to allege that the defendant's employees acted within the scope and course of their employment, as the nature of the contract and the legal principles governing carriers and bailees rendered such averments superfluous. The exception was therefore witho…

Source excerpt

• Contract Of Carriage
• Negligence
• Bailee Liability
• Pleading Requirements
• Exception Procedure

UPS SCS South Africa (Pty) Ltd v Hendrik Cornelis van Wyk t/a Skydive Mossel Bay (421/2020; 422/2020)

UPS SCS South Africa (Pty) Ltd v Hendrik Cornelis van Wyk t/a Skydive Mossel Bay (421/2020; 422/2020) [2021] ZASCA 131 (1 October 2021)

Court

Supreme Court of Appeal

Case number

421/2020; 422/2020

Judges

Ponnan, Wallis, Saldulker, Mokgohloa, Mabindla-Boqwana

The Supreme Court of Appeal held that UPS’s exemption clauses did not form part of the carriage contract and dismissed the appeal with costs.

• Contract Of Carriage
• Exemption Clause
• Consumer Protection Act
• Quantum Of Damages
• Contract-of-carriage
• Exemption-clause

Two Pedestrians Mining CC v Exxaro NBC Coal (25392/2011)

Two Pedestrians Mining CC v Exxaro NBC Coal (25392/2011) [2013] ZAGPPHC 466 (12 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

25392/2011

Judge

P.A. Meyer

High Court held that a gratuitous carriage of a crusher was not rendered liable by incidental benefits to the carrier; the plaintiff’s own loading negligence caused the damage.

• Contract Of Carriage
• Tacit Terms
• Negligence
• Damages To Property
• Contract-of-carriage
• Tacit-terms

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)

Court

South Gauteng High Court, Johannesburg

Case number

07/26188

Judge

D S S Moshidi

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

John Gabriel Klopper t/a JK Structures v Burris Lance CC t/a Protec Services (718/07)

John Gabriel Klopper t/a JK Structures v Burris Lance CC t/a Protec Services (718/07) [2008] ZAECHC 74 (22 May 2008)

Court

High Courts - Eastern Cape

Case number

718/07

Judge

Jones

A public carrier was held liable for damage to an excavator after its driver drove under a bridge without ensuring safe clearance.

• Contract Of Carriage
• Public Carrier Liability
• Negligence
• Breach Of Contract
• Damages
• Onus Of Proof

Tebe Trading (Proprietary) Limited v Mediterranean Shipping Company (Proprietary) Limited (AR947/03)

Tebe Trading (Proprietary) Limited v Mediterranean Shipping Company (Proprietary) Limited (AR947/03) [2005] ZAKZHC 17; 2006 (4) SA 495 (N) (10 November 2005)

Court

High Courts - Kwazulu Natal

Case number

AR947/03

Judges

Levinsohn, Hurt, Swain

The court found that the appellant had locus standi, as the commercial arrangement with Laughing Waters constituted a valid contract of sale with a determinable price, and ownership and risk had passed. The defendant contracted as agent for MSC Geneva, not as principal, and thus was not liable under the contract of carriage. However, the defendant owed the appellant a duty of care to inform it of the extended transit time due to the vessel's rerouting, given the perishability of the cargo and the representations made. The defendant negligently breached this duty by failing to inform the appel…

Source excerpt

• Contract Of Carriage
• Himalaya Clause
• Duty Of Care
• Negligence
• Locus Standi
• Shipping Documents