CONTRACT LAW — Carriage by Air — Breach of Contract — Liability of Carrier for Deviation from Agreed Route
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 13; Paras A—C:
"The appellant was in breach of contract as principal and agent in not flying the respondent to Manzini, Swaziland, (Exhibits A and B). It is reasonably foreseeable that a passenger (the respondent) arriving in South Africa without a transit visa would be arrested, with grave consequences for the passenger. Consequently the act of the appellant flying the respondent to South Africa with no justifiable reason for doing so and knowing fully well that the respondent did not have a transit visa, apart from being a clear breach of the agreed route, it amounts to a negligent breach of contract. A wilful misconduct in the extreme."
Explanation / Scope
This principle establishes that a carrier’s deviation from the agreed route, particularly where it is foreseeable that the passenger would suffer grave consequences, amounts to a negligent breach of contract and wilful misconduct. The principle applies in carriage by air contracts. It ensures that carriers adhere to agreed routes. The principle reflects the consequences of deviation. It holds carriers liable for foreseeable harm. The court must assess foreseeability. The principle provides guidance on breach of contract.