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Harare High Court
Rix Upholstery (Private) Limited v Buddulphs (Private) Limited
HH 91-2008
Case Details
Court
Harare High Court
Date
15 October 2008
Citation
HH 91-2008
Neutral Citation
[2008] ZWHH 91
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Contract LawCommercial Law
Keywords
depositum contractexemption clausenegligencestoragetheftbailment
Tags
contract lawbailmentexemption clausesstorage contract
legislation
Statutes Cited
- Praetor's Edict de nautis, cauponibus et stabilariis
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the exemption clause protects the defendant from liability for loss of goods","issue_type":"law","dispositive":"yes","related_facts":"Contract contained clause exempting liability even for negligence"}
- {"issue_text":"Whether the contract was one of depositum imposing strict liability","issue_type":"law","dispositive":"no","related_facts":"Goods were delivered and kept under lock and key by defendant"}
- {"issue_text":"Whether the defendant was negligent","issue_type":"fact","dispositive":"no","related_facts":"No evidence of negligence was led"}
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background
Facts of the Case
Background
The plaintiff stored leather goods with the defendant for safekeeping. The goods were stolen from the defendant's warehouse by an employee and others. The plaintiff sued for the value of the stolen goods. The defendant relied on an exemption clause excluding liability for loss even through negligence.
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