Modzone Enterprises (Private) Limited and Paul Edwards Shipping Company (Private) Limited v Transtech Freight Zimbabwe (Private) Limited trading as UTI

Key Issues

• {"issue_text":"Whether the defendant was a public carrier liable under common law rules","issue_type":"mixed","dispositive":"no","related_facts":"Defendant carries goods for hire, undertook to transport plaintiff's goods"}
• {"issue_text":"Whether the \"owner's risk\" clause excluded liability for gross negligence","issue_type":"law","dispositive":"yes","related_facts":"Contract stated goods carried \"at owner's risk\""}
• {"issue_text":"Whether the loss was caused by damnum fatale or defendant's gross negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Fire caused by burst tyre, goods mixed with flammable materials"}
• {"issue_text":"Whether transhipment and seal removal constituted fundamental breach","issue_type":"law","dispositive":"no","related_facts":"Original sealed container split into two consignments"}

Background