Knowledge (XXG)

Drifters Adventure Tours CC v Hircock

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86:, the court did not favour this interpretation. The word "driving" occurred in the context of other adventure activities; it therefore made better sense to understand it to entail driving over unmade roads or slippery, steep or otherwise exciting terrain. Since Drifter's, as a cross-border tour operator, was statutorily obliged to have passenger liability insurance, it would be perverse for it to have contracted out of this liability altogether. 51:
Drifter's declared that it was excluded from such liability on the basis of an indemnity form signed by Hircock before the tour. The front of the form had a wide indemnity clause and a statement that the conditions on the reverse had been read, fully understood and accepted. These reverse conditions
71:
On appeal, the SCA affirmed that indemnity provisions in general should be construed restrictively, and that the wider indemnity clause had to be read and interpreted in the context of the contract as whole, including its reverse side. In case of doubt, an exemption clause reasonably capable of
81:
The court said that it was possible to interpret the expression "driving" as driving anywhere in the country and on any terrain, including passenger transportation on a public road. The reasonable reader, however, would probably not interpret it in this way, and so, in light of established
47:
The respondent, Hircock, had sustained injuries as a result of a motor vehicle accident negligently caused by an employee of Drifter's Adventure Tours, the appellant, while she had been a passenger on a tour arranged by Drifter's. She claimed damages.
265: 39:, Farlam JA, Conradie JA, Mlambo JA and Maya JA. Counsel for the appellant was AR Sholto-Douglas SC (with him S Miller); RS van der Riet SC appeared for the respondent. 270: 260: 32: 24: 112: 102: 83: 72:
bearing more than one meaning should be given the interpretation least favourable to, and with a bias against, the
28: 170: 136: 149: 107: 153: 74: 89:
The appeal was accordingly dismissed and the decision in the Cape Provincial Division, in
35:(SCA) on 4 September 2006, with judgment handed down on 29 September. The judges were 254: 140:. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. 52:
contained a more limited clause that exempted Drifter's from liability arising from,
145: 141: 36: 31:, especially in the area of exemption clauses. It was heard in the 63:
held that the form did not exempt Drifter's from liability.
56:, "the nature of hiking, camping, touring, driving." 266:Supreme Court of Appeal of South Africa cases 8: 183: 167:Drifter's Adventure Tours CC v Hircock 91:Hircock v Drifters Adventure Tours CC 21:Drifters Adventure Tours CC v Hircock 7: 137:The Law of Contract in South Africa 14: 271:South African contract case law 261:2006 in South African case law 113:Unfair Contract Terms Act 1977 1: 287: 103:South African contract law 29:South African contract law 27:is an important case in 16:South African legal case 150:Oxford University Press 33:Supreme Court of Appeal 190:2007 (2) SA 83 (SCA). 130:Du Plessis, Jacques, 108:English contract law 278: 245: 242: 236: 233: 227: 224: 218: 215: 209: 206: 200: 197: 191: 188: 286: 285: 281: 280: 279: 277: 276: 275: 251: 250: 249: 248: 243: 239: 234: 230: 225: 221: 216: 212: 207: 203: 198: 194: 189: 185: 180: 163: 127: 122: 99: 82:interpretative 69: 45: 17: 12: 11: 5: 284: 282: 274: 273: 268: 263: 253: 252: 247: 246: 237: 228: 219: 210: 201: 192: 182: 181: 179: 176: 175: 174: 162: 159: 158: 157: 126: 123: 121: 118: 117: 116: 110: 105: 98: 95: 68: 65: 44: 41: 15: 13: 10: 9: 6: 4: 3: 2: 283: 272: 269: 267: 264: 262: 259: 258: 256: 241: 238: 232: 229: 223: 220: 214: 211: 205: 202: 196: 193: 187: 184: 177: 172: 168: 165: 164: 160: 155: 151: 147: 143: 139: 138: 133: 129: 128: 124: 119: 114: 111: 109: 106: 104: 101: 100: 96: 94: 93:, confirmed. 92: 87: 85: 79: 77: 76: 66: 64: 62: 57: 55: 49: 42: 40: 38: 34: 30: 26: 23: 22: 240: 231: 222: 213: 204: 195: 186: 166: 146:Western Cape 135: 131: 115:section 2(1) 90: 88: 80: 73: 70: 60: 58: 53: 50: 46: 20: 19: 18: 255:Categories 120:References 59:The Court 54:inter alia 173:83 (SCA). 169:2007 (2) 142:Cape Town 75:proferens 37:Zulman JA 25:ZASCA 174 244:Para 17. 235:Para 16. 226:Para 14. 217:Para 13. 208:Para 10. 97:See also 67:Judgment 199:Para 9. 84:canons 178:Notes 161:Cases 132:et al 125:Books 61:a quo 43:Facts 154:2010 257:: 171:SA 152:, 148:: 144:, 134:. 78:. 156:.

Index

ZASCA 174
South African contract law
Supreme Court of Appeal
Zulman JA
proferens
canons
South African contract law
English contract law
Unfair Contract Terms Act 1977
The Law of Contract in South Africa
Cape Town
Western Cape
Oxford University Press
2010
SA
Categories
2006 in South African case law
Supreme Court of Appeal of South Africa cases
South African contract case law

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