Esheria South Africa Case Law
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South Africa Case Law

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Commercial And Corporate [2007] ZASCA 101

Trustees for the Time Being of The Bus Industry Restructuring Fund v Breakthrough Investments CC and Others (397/06)

Trustees for the Time Being of The Bus Industry Restructuring Fund v Breakthrough Investments CC and Others (397/06) [2007] ZASCA 101; [2007] SCA 101 (RSA); [2008] 1 All SA 23 (SCA); 2008 (1) SA 67 (SCA) (14 September 2007)

Court
Supreme Court of Appeal
Case number
397/06
Judges
Scott, Brand, Lewis, Jafta, Malan

The Supreme Court of Appeal held that a sale-agreement clause only restricted assignments between the contracting parties, not obligations owed to a third party fund.

  • Contractual Interpretation
  • Assignment Of Obligations
  • Exception Procedure
  • Contractual-interpretation
  • Assignment-of-obligations
  • Exception-procedure
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Commercial And Corporate [2005] ZASCA 93

SA Breweries Ltd v Van Zyl (381/2004)

SA Breweries Ltd v Van Zyl (381/2004) [2005] ZASCA 93; 2006 (1) SA 197 (SCA) (29 September 2005)

Court
Supreme Court of Appeal
Case number
381/2004
Judges
Mpati, Brand, Jafta, Mlambo, Cachalia

The court held that a surety’s liability under a ceded debt is limited to amounts owing at the date of cession, not later debts incurred with the cessionary.

  • Cession Of Debt
  • Suretyship Liability
  • Assignment Of Obligations
  • Huur Gaat Voor Koop Rule
  • Cession-of-debt
  • Suretyship-liability
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.