Botha v Malibra Hire BK (1960/2010) [2012] ZANCHC 25 (25 May 2012)

Botha v Malibra Hire BK (1960/2010) [2012] ZANCHC 25 (25 May 2012)

The court found that the original written agreement was between the respondent and Johan Botha, the applicant's husband, who was represented as the owner of the business. The applicant amended the agreement to reflect her own details, which constituted a material change and a counter offer. There was no evidence that the respondent accepted this counter offer in writing or otherwise. The applicant failed to prove that the respondent agreed to the amended contract or that a valid verbal agreement existed. As a result, no binding agreement existed between the applicant and the respondent, and the application for ratification or cancellation of the contract could not succeed.

Citation
[2012] ZANCHC 25
Parties
Applicant: Marie Botha; Respondent: Malibra Hire BK
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
25 May 2012
Case Number
1960/2010
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
Hughes-Madondo
Legal Topics
Contract Formation, Counter Offer, Written Agreement, Agency, Cancellation of Contract
Commercial and Corporate Civil Procedure Contract Formation Counter Offer Written Agreement Agency Cancellation of Contract

Case Brief

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Parties

Marie Botha

Applicant

Malibra Hire BK

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether a valid written agreement existed between the applicant and respondent.
  2. 2 Whether the applicant was entitled to ratify or cancel the alleged agreement.
  3. 3 Whether the respondent accepted the applicant's counter offer.

Ratio Decidendi

The court found that the original written agreement was between the respondent and Johan Botha, the applicant's husband, who was represented as the owner of the business. The applicant amended the agreement to reflect her own details, which constituted a material change and a counter offer. There was no evidence that the respondent accepted this counter offer in writing or otherwise. The applicant failed to prove that the respondent agreed to the amended contract or that a valid verbal agreement existed. As a result, no binding agreement existed between the applicant and the respondent, and the application for ratification or cancellation of the contract could not succeed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.