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South Africa decisions
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Clicks Retailers (Pty) Ltd v Killarney Mall Properties (Pty) Ltd (A255/16) [2017] ZAGPPHC 626 (22 September 2017)
The court held that a lease-renewal letter was conditional and not an unequivocal exercise of the renewal option, so the appeal failed.
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…
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Circuit Environmental Engineering (Pty) Limited t/a Circuit Publishing v Pedal Power Association (5353/2003) [2007] ZAWCHC 88 (8 August 2007)
The court held that no binding three-year publishing contract arose because acceptance of the tender was subject to a signed written agreement.
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