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South Africa decisions
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Padayachee v Municipal Manager, King Sabata Dalindyebo Municipality and Another (2511/2020) [2022] ZAECMHC 18 (26 July 2022)
The High Court dismissed an application for leave to appeal in a labour dispute, finding no binding employment contract and no basis to disturb the earlier order.
Gridmark CC v Razia Trading CC (349/18) [2019] ZASCA 18 (25 March 2019)
The Supreme Court of Appeal held that no compromise was concluded because the parties’ correspondence showed a counter-offer and no unqualified acceptance.
Letlhabile Coaches CC v Minister of Police (1469/2016) [2019] ZANCHC 5 (7 March 2019)
The High Court held that the defendant accepted the plaintiff’s offer, found a valid contract, and ordered the Minister of Police to pay costs.
National Union of Mineworkers and Others v Eskom Holdings SOC (JS257/15) [2018] ZALCJHB 170 (8 May 2018)
The Labour Court held that Eskom was bound by salary-adjustment letters issued on 10 May 2012 and rejected its unilateral-mistake defence.
Geldenhuys NO and Others v Daniels (20848/2014) [2016] ZASCA 45 (31 March 2016)
The Supreme Court of Appeal held that an irrevocable offer to buy immovable property became revocable after the stated date, but remained open until revoked.
Olmex (Pty) Limited v Kyriacou Incorporated and Another (2014/39212) [2015] ZAGPJHC 126 (12 June 2015)
The High Court dismissed an application to enforce an attorney’s undertaking to hold funds in trust, finding the applicant had not accepted it within a reasonable time.
Gracos Brick (Pty) Ltd v Botes (1531/12) [2014] ZANWHC 28 (11 September 2014)
The High Court upheld a special plea that correspondence between the parties had settled a dispute over two dishonoured cheques.
Donald and Richard Currie (Pty) Ltd v Growthpoint Properties (Pty) Ltd, Currie v Growthpoint Properties Limited (28568/2007, 28568/2007) [2011] ZAGPJHC 33 (29 April 2011)
The court held that the contracts between the plaintiffs and the defendant were concluded upon the plaintiffs' completion and submission of the acceptance forms in the manner stipulated by the offer. The forms clearly indicated an election for the cash consideration, and there was no ambiguity or contradiction sufficient to alert the defendant or its agent to any mistake. The doctrine of mistake, including justus error, does not apply after a contract is concluded by a stipulated method of acceptance, especially in mass offer situations. The plaintiffs' private intentions or subsequent claims…
Source excerpt
Withok Small Farms (Pty) Ltd and Others v Amber Sunrise Properties 5 (Pty) Ltd (664/07) [2008] ZASCA 131; 2009 (2) SA 504 (SCA) ; [2009] 2 All SA 65 (SCA) (21 November 2008)
The court held that the auction documents created an option open for seven days, and the sellers’ signature within that period completed a valid sale.
Pioneer Voedsel (edms) bpk v Murray (1253/2000) [2003] ZAWCHC 34 (11 August 2003)
Court found a binding wheat supply contract was concluded and that the defendant had notice of acceptance; plaintiff succeeded on the merits, with quantum postponed.
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