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)
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