Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13) [2017] ZAKZDHC 26; 2018 (3) SA 204 (KZD) (4 July 2017)

Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13) [2017] ZAKZDHC 26; 2018 (3) SA 204 (KZD) (4 July 2017)

The plaintiff failed to prove its locus standi, both in terms of its identity and its interest in the litigation. The written agreement (B2) was unreadable, incomplete, and failed to record the essential terms upon which the plaintiff relied. There was no consensus between the parties regarding the obligations sought to be enforced, and the deceased was not made aware of any requirement to insure the vehicle after 72 hours. The deceased's death rendered performance impossible, invoking the maxim lex non cogit ad impossibilia. Furthermore, B2 failed to comply with the Consumer Protection Act's requirements for plain language and fair, reasonable terms, and the plaintiff's conduct was found...

Citation
[2017] ZAKZDHC 26
Parties
Plaintiff: Four Wheel Drive Accessory Distribution CC; Defendant: Leshni Rattan N.O.
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
4 July 2017
Case Number
6916/13
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim dismissed with costs.
Judges
D Pillay
Legal Topics
Consumer Protection Act, Locus Standi, Standard Form Contracts, Plain Language Requirement, Public Policy in Contracts, Unconscionable Conduct
Commercial and Corporate Civil Procedure Consumer Protection Act Locus Standi Standard Form Contracts Plain Language Requirement Public Policy in Contracts Unconscionable Conduct

Case Brief

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Parties

Four Wheel Drive Accessory Distribution CC

Plaintiff

Leshni Rattan N.O.

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Did the plaintiff establish locus standi to sue on the agreement?
  2. 2 Is the written agreement (B2) enforceable under the common law and the Consumer Protection Act?
  3. 3 Was there consensus between the parties regarding the terms of B2?

Ratio Decidendi

The plaintiff failed to prove its locus standi, both in terms of its identity and its interest in the litigation. The written agreement (B2) was unreadable, incomplete, and failed to record the essential terms upon which the plaintiff relied. There was no consensus between the parties regarding the obligations sought to be enforced, and the deceased was not made aware of any requirement to insure the vehicle after 72 hours. The deceased's death rendered performance impossible, invoking the maxim lex non cogit ad impossibilia. Furthermore, B2 failed to comply with the Consumer Protection Act's requirements for plain language and fair, reasonable terms, and the plaintiff's conduct was found...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The claim is dismissed with costs.