Act Computers v NVM Beleggings & Versekerings Adviseurs (648/08) [2009] ZASCA 94; [2010] 1 All SA 97 (SCA) (17 September 2009)

Act Computers v NVM Beleggings & Versekerings Adviseurs (648/08) [2009] ZASCA 94; [2010] 1 All SA 97 (SCA) (17 September 2009)

The Supreme Court of Appeal found that the contract between the parties was for the installation of ACT's equipment and the provision of services, not for the sale of the antenna. The written documents, accepted orally, made clear that the equipment was not offered for sale and would remain ACT's property. The routine statement in the quotation regarding ownership did not convert the contract into one of sale. There was no error in negotio as the respondent conceded the nature of the contract and the intention of the parties was clear. The respondent was not entitled to restitution, and the trial court should have dismissed the claim rather than granting absolution from the instance. The...

Citation
[2009] ZASCA 94
Parties
Appellant: ACT Computers; Respondent: NVM Beleggings & Versekerings Adviseurs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 September 2009
Case Number
648/08
Procedural Posture
Civil Appeal / Appeal From Full Bench of Free State High Court
Outcome
Appeal upheld; order of the court below set aside and replaced with dismissal of the respondent's claim with costs.
Judges
Mpati, Lewis, Ponnan, Snyders, Wallis
Legal Topics
Contract Formation, Error in Negotio, Restitution, Sale of Goods, Installation of Equipment
Commercial and Corporate Civil Procedure Contract Formation Error in Negotio Restitution Sale of Goods Installation of Equipment

Case Brief

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Parties

ACT Computers

Appellant

NVM Beleggings & Versekerings Adviseurs

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench of Free State High Court

Legal Issues

  1. 1 Whether a contract for the sale or installation of equipment existed between the parties.
  2. 2 Whether the contract was vitiated by error in negotio, rendering it void.
  3. 3 Whether the respondent was entitled to restitution of the amount paid.

Ratio Decidendi

The Supreme Court of Appeal found that the contract between the parties was for the installation of ACT's equipment and the provision of services, not for the sale of the antenna. The written documents, accepted orally, made clear that the equipment was not offered for sale and would remain ACT's property. The routine statement in the quotation regarding ownership did not convert the contract into one of sale. There was no error in negotio as the respondent conceded the nature of the contract and the intention of the parties was clear. The respondent was not entitled to restitution, and the trial court should have dismissed the claim rather than granting absolution from the instance. The...

Court Disposition

Appeal upheld; order of the court below set aside and replaced with dismissal of the respondent's claim with costs.

Orders

  • The appeal is upheld with costs.
  • The order of the court below is set aside and replaced with: 'The appeal is dismissed with costs.'