Billion Group (Pty) Ltd v Gobile (EL759/08, ECD 3059/08)
Billion Group (Pty) Ltd v Gobile (EL759/08, ECD 3059/08) [2013] ZAECELLC 9 (2 October 2013)
The court found that the building agreement was valid and binding, as the parties' common intention was to build in accordance with the plan marked 'Option 5 [?????? m²]', not 'Plan 8' as mistakenly referenced. The statutory requirements of section 13(1) of the Housing Consumers Protection Measures Act were substantively complied with, as the approved municipal plan existed and specifications were attached or available. Section 13(3) expressly provides that failure to comply with subsections (a) and (c) does not render the agreement invalid. The reference to 150 m² in the agreement was interp…
Source excerpt
- Rectification Of Contract
- Housing Consumers Protection Measures Act
- Building Agreement Formalities
- Contractual Consensus
- Statutory Compliance
- Interpretation Of Contract Terms