Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017)
Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017) [2021] ZAECPEHC 38 (13 July 2021)
The court found that the defendant, as a carrier for reward, was negligent in transporting the plaintiff's tele-handlers, resulting in their damage. The evidence established that the plaintiff was the owner of the machines and had locus standi to claim damages. The loss of income suffered by the plaintiff was a foreseeable and contemplated consequence of the breach of the carriage contract. The insurance policy between the defendant and Santam, which excluded consequential damages, did not limit the defendant's liability to the insured amount, nor did it affect the plaintiff's right to claim…
Source excerpt
- Carriage Of Goods For Reward
- Contractual Damages
- Consequential Loss
- Negligence
- Insurance Exclusion
- Locus Standi