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Drifters Adventure Tours CC v Hircock
''Drifters Adventure Tours CC v Hircock'' () (ZASCA 174 )〔2007 (2) SA 83 (SCA).〕 is an important case in South African contract law, especially in the area of exemption clauses. It was heard in the Supreme Court of Appeal (SCA) on 4 September 2006, with judgment handed down on 29 September. The judges were Zulman JA, Farlam JA, Conradie JA, Mlambo JA and Maya JA. Counsel for the appellant was AR Sholto-Douglas SC (with him S Miller); RS van der Riet SC appeared for the respondent.
==Facts==
The respondent, Hircock, had sustained injuries as a result of a motor vehicle accident negligently caused by an employee of Drifter's Adventure Tours, the appellant, while she had been a passenger on a tour arranged by Drifter's. She claimed damages.
Drifter's declared that it was excluded from such liability on the basis of an indemnity form signed by Hircock before the tour. The front of the form had a wide indemnity clause and a statement that the conditions on the reverse had been read, fully understood and accepted. These reverse conditions contained a more limited clause that exempted Drifter's from liability arising from, ''inter alia'', "the nature of hiking, camping, touring, driving."
The Court ''a quo'' held that the form did not exempt Drifter's from liability.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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