South Africa Case Law

Mutual Construction Company (TVL) (Pty) Ltd v Komati Dam Joint Venture (466/07)

Mutual Construction Company (TVL) (Pty) Ltd v Komati Dam Joint Venture (466/07) [2008] ZASCA 107; 2009 (1) SA 464 (SCA) ; [2009] 1 All SA 458 (SCA) (23 September 2008)

Court

Supreme Court of Appeal

Case number

466/07

Judges

Scott, Cameron, Lewis, Leach, Mhlantla

The Supreme Court of Appeal held that, under the contract, the operator supplied by the owner was to be under the sole and absolute control of the hirer while on site. The contract expressly allocated risk and liability for damage caused by negligence of the operator to the hirer, regardless of the operator's employment status. The indemnity clause excluded the owner from liability for acts of the operator while carrying out the hirer's instructions, amounting to an acceptance of liability by the hirer. The operator's negligence occurred on site and under the respondent's supervision and cont…

Source excerpt

• Contractual Liability
• Hire Of Movable Property
• Negligence
• Risk Allocation
• Indemnity Clause

RH Johnson Crane Hire (Pty) Ltd v SA Iron & Steel Industrial Corporation Ltd. (207/85)

RH Johnson Crane Hire (Pty) Ltd v SA Iron & Steel Industrial Corporation Ltd. (207/85) [1987] ZASCA 39 (31 March 1987)

Court

Supreme Court of Appeal

Case number

207/85

Judges

Viljoen, Botha, Smalberger, Vivier, Kumleben

The appellate division held the hirer liable for damage to a hired crane after its operator overrode safety controls and attempted an excessive lift.

• Locatio Conductio
• Contractual Liability
• Negligence
• Proof Of Damages
• Hire Of Movable Property
• Crane-hire-liability