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South Africa Case Law

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Commercial And Corporate [2016] ZASCA 21

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015)

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015) [2016] ZASCA 21; [2016] 2 All SA 730 (SCA); 2016 (6) SA 335 (SCA) (18 March 2016)

Court
Supreme Court of Appeal
Case number
41/2015
Judges
Maya, Wallis, Saldulker, Swain, Victor

The Supreme Court of Appeal held that a Merchant Shipping Act warranty did not defeat an Inchmaree insurance claim and awarded Viking Inshore Fishing indemnity with interest.

  • Marine Insurance
  • Inchmaree Clause
  • Merchant Shipping Act Warranty
  • Due Diligence
  • Admissibility Of Hearsay
  • Quantum Of Indemnity
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Admiralty And Maritime [2013] ZAWCHC 163

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007)

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007) [2013] ZAWCHC 163 (30 October 2013)

Court
Western Cape High Court, Cape Town
Case number
AC22/2007
Judge
D M Davis

The court refused to separate issues in a marine insurance dispute over an Inchmaree clause, a Merchant Shipping Act warranty, and the onus on due diligence.

  • Marine Insurance
  • Inchmaree Clause
  • Merchant Shipping Act Warranty
  • Separation Of Issues
  • Burden Of Proof
  • Due Diligence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.