High Court of Malawi Civil Division - 1988

2 judgments

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2 judgments
Citation
Judgment date
February 1988
Plaintiff mitigated loss by promptly arranging repairs; court awards full hire charges to July 1984 due to spare-part delays.
Motor-vehicle negligence — damages for hire charges — mitigation of loss — availability and supply of spare parts — evidentiary weight of invoices and contemporaneous correspondence — assessment of quantum.
25 February 1988
Clearing agent liable for missing goods; post-contract invoice notice did not incorporate exemption clauses.
Agency – liability of clearing and forwarding agent for loss of goods; Incorporation of exclusion clauses – requirement of reasonable prior notice; Burden of proof on party asserting exclusion; Application of Parker, Olley and Spurling principles.
17 February 1988