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South Africa Case Law

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Commercial And Corporate [2015] ZAWCHC 166

Blastrite (Pty) Ltd v Mineral Sands Resources (Pty) Ltd and Others (21897/15)

Blastrite (Pty) Ltd v Mineral Sands Resources (Pty) Ltd and Others (21897/15) [2015] ZAWCHC 166 (9 October 2015)

High Court dismissed Blastrite’s bid to enforce exclusivity under a confidentiality agreement over garnet from the Tormin mine, finding clause 10 did not bar third-party dealings.

  • Contractual Interpretation
  • Confidentiality Agreement
  • Mining Rights
  • Agreement To Negotiate
  • Restraint Of Trade
  • Interdictory Relief
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Commercial And Corporate [2012] ZASCA 160

Command Protection Services (Gauteng) (Pty) Ltd t/a Maxi Security v SA Post Office Ltd (214/12)

Command Protection Services (Gauteng) (Pty) Ltd t/a Maxi Security v SA Post Office Ltd (214/12) [2012] ZASCA 160; [2013] 1 All SA 266 (SCA); 2013 (2) SA 133 (SCA) (16 November 2012)

The Supreme Court of Appeal held that the respondent's letter of acceptance (PC3) did not constitute an unconditional acceptance of the appellant's tender (PC2), but rather a conditional counter-offer subject to BEE improvement and the successful finalisation and signing of a formal contract. The court found that these conditions were material and required further negotiation and agreement, and that no binding contract came into existence on the terms alleged by the appellant. The appellant's provision of services was pursuant to a collateral arrangement pending the outcome of negotiations, n…

  • Tender Acceptance
  • Contract Formation
  • Conditional Acceptance
  • Repudiation
  • Damages
  • Agreement To Negotiate
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.