No. 1 Estates CC v Baard (1206 of 2002) [2002] NAHC 5 (3 September 2002)
The plaintiff failed to prove on a balance of probabilities that its introduction of the purchaser to the property was the effective cause of the sale. The sale resulted from a new and unrelated chain of events initiated by the defendant, and the plaintiff's involvement was not a consistent, uninterrupted, and major positive force leading to the sale.
- Citation
- [2002] NAHC 5
- Parties
- Plaintiff: NO. 1 Estates CC; Defendant: Julian Baard
- Court
- High Court
- Jurisdiction
- Namibia
- Judgment Date
- 3 September 2002
- Case Number
- 1206 of 2002
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim dismissed with costs.
- Legal Topics
- Estate Agent Commission, Causation in Agency, Contractual Relationship, Effective Cause of Sale
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
NO. 1 Estates CC
Plaintiff
Julian Baard
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff estate agent was the effective cause of the sale and entitled to commission
- 2 Whether the plaintiff proved both a contractual and causal relationship to the sale
Ratio Decidendi
The plaintiff failed to prove on a balance of probabilities that its introduction of the purchaser to the property was the effective cause of the sale. The sale resulted from a new and unrelated chain of events initiated by the defendant, and the plaintiff's involvement was not a consistent, uninterrupted, and major positive force leading to the sale.
Court Disposition
Claim dismissed with costs.
Orders
- Plaintiff's claim is dismissed with costs.
Full Case Text
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