Author:carol-holness

Beware of liability for theft by an employee!

Beware of liability for theft by an employee! November 13, 2020 When is an employer liable to a customer for theft of goods by an employee? And how can this risk be minimised? CAROL HOLNESS explains… The doctrine of vicarious liability means that an employer can be liable for loss or damage caused by its employees’ wrongful acts or omissions. In the recent decision of Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited, the Gauteng High Court […]

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The high cube container conundrum

Will South Africa’s Department of Transport lift its moratorium regarding the transportation of high cube containers? If so, what liability insurance implications does that have for the country’s transport operators?     Regulation 224(b) of South Africa’s National Road Traffic Regulations prohibits any person from operating a motor vehicle on a public road which, together with any load, has an overall height which exceeds 4,3 m. In this respect, the transportation of high cube containers is affected. In 2018, the […]

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Who is liable when cargo causes damage?

Since cargo owners can be held responsible for the potential of damage or loss that their goods could cause while in transit, they are advised to establish exactly what their insurance policies will (or won’t) cover Many cargo owners are aware of the risk of damage to, or loss of, their goods in transit and ensure that they have suitable insurance policies in place to cover possible mishaps. Most transporters also have liability insurance in place to cover their responsibility […]

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Zimbabwe tightens regulations for transit trucks and transporters

Stricter road regulations for hauliers transporting goods in transit through Zimbabwe have been blamed for exacerbating the already lengthy delays at its overburdened border posts. In late 2017, the Zimbabwe Revenue Authority (ZIMRA) published amendments to the Customs and Excise (General) Regulations aimed at improving the management of cargo in transit. The amended regulations impose additional costs on transporters – both in terms of the new fees and penalties, as well as the costs of additional delays at the border […]

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