Rodrigues v Boababsky (Pty) Ltd t/a Urban Tree (2012/24131) [2016] ZAGPJHC 122 (5 May 2016)

Rodrigues v Boababsky (Pty) Ltd t/a Urban Tree (2012/24131) [2016] ZAGPJHC 122 (5 May 2016)

The court found that although the applicant paid the venue hire charges and signed the agreement, the respondent only communicated acceptance of the applicant's offer after the offer had been withdrawn. As acceptance must be communicated before withdrawal for a contract to be validly formed, no binding agreement...

Source-derived case information.

Citation
[2016] ZAGPJHC 122
Parties
Applicant: Natasha Rodrigues; Respondent: Boababsky (Pty) Ltd t/a Urban Tree
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 May 2016
Case Number
2012/24131
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application granted; respondent ordered to repay the applicant.
Judges
Maier-Frawley
Legal Topics
Contract Formation, Offer and Acceptance, Restitution, Venue Hire Agreement
Commercial and Corporate Civil Procedure Contract Formation Offer and Acceptance Restitution Venue Hire Agreement

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Parties

Natasha Rodrigues

Applicant

Boababsky (Pty) Ltd t/a Urban Tree

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Whether a binding venue hire agreement came into existence between the applicant and respondent.
  2. 2 Whether the respondent communicated acceptance of the applicant's offer before the offer was withdrawn.
  3. 3 Whether the applicant is entitled to restitution of monies paid in anticipation of a contract that did not materialize.

Ratio Decidendi

The court found that although the applicant paid the venue hire charges and signed the agreement, the respondent only communicated acceptance of the applicant's offer after the offer had been withdrawn. As acceptance must be communicated before withdrawal for a contract to be validly formed, no binding agreement came into existence. The applicant was therefore entitled to restitution of the monies paid in anticipation of the contract. The respondent's argument regarding the applicant's failure to plead non-communication of acceptance was rejected, as the onus to prove communication of acceptance rested with the respondent. The court also held that the applicant's claim was properly...

Court Disposition

Application granted; respondent ordered to repay the applicant.

Orders

  • The respondent is ordered to pay the applicant the sum of R74,204.80.
  • The respondent is to pay interest on the aforesaid sum at the rate of 9% from date of judgment to date of final payment.