Southern Tankers (Pty) Ltd t/a Unilog v Pescana D’’Oro Ltd 2003 (4) SA 566 (C)

Southern Tankers (Pty) Ltd t/a Unilog v Pescana D’’Oro Ltd 2003 (4) SA 566 (C)

Issue: Whether a maritime carrier is liable for damages caused by a delay in delivery of cargo, even if the delay was caused by a factor beyond the carrier's control.

Facts:

Southern Tankers (Pty) Ltd t/a Unilog (Unilog) was a maritime carrier. Pescana D’’Oro Ltd (Pescana) was a seafood company.

Unilog agreed to transport a cargo of seafood from Cape Town to Italy on behalf of Pescana. The cargo was delayed due to a storm. As a result of the delay, the cargo arrived in Italy spoiled and Pescana suffered losses.

Pescana sued Unilog for damages, alleging that Unilog was liable for the losses that it had suffered. Unilog argued that it was not liable for the losses because the delay was caused by a storm, which was a factor beyond its control.

Key Facts:

• Unilog was a maritime carrier.
• Pescana was a seafood company.
• Unilog agreed to transport a cargo of seafood from Cape Town to Italy on behalf of Pescana.
• The cargo was delayed due to a storm.
• As a result of the delay, the cargo arrived in Italy spoiled and Pescana suffered losses.
• Pescana sued Unilog for damages, alleging that Unilog was liable for the losses that it had suffered.
• Unilog argued that it was not liable for the losses because the delay was caused by a storm, which was a factor beyond its control.

Court's Decision:

The Cape Town High Court (High Court) held that Unilog was liable for the losses that Pescana had suffered. The High Court reasoned that a maritime carrier is liable for damages caused by a delay in delivery of cargo, even if the delay was caused by a factor beyond the carrier's control.

The High Court also reasoned that it would be unfair to Pescana if Unilog was not held liable for the losses that it had suffered. The High Court found that Pescana had relied on Unilog to transport the cargo to Italy in a timely manner and that Pescana had suffered losses as a result of Unilog's breach of contract.