Meaning of “whatsoever nature” and “howsoever arising”

Donald Dinnie, Norton Rose Fulbright

In this particular judgment, discussed here the Supreme Court of Appeal held that the phrases “of whatsoever nature” and “howsoever arising” as used in the disclaimer clauses in the contract under consideration should be given their ordinary literal meaning. This is consistent with earlier judgments.

Those clauses are sufficiently wide in their ordinary import to draw into the protective scope of the relevant exemption, the deliberate and intentional acts of employees of the defendant.

In that context the court also held that in referring to a delict, a delict can arise through intentional or negligent acts.

On the facts of the case and the disclaimer wording, liability for the theft of goods by the defendant’s employees was exempted.

First published by: Financial Institutions Legal Snapshot