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South Africa Case Law

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Commercial And Corporate [2024] ZANWHC 264

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23)

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23) [2024] ZANWHC 264 (24 October 2024)

The High Court held that a binding compromise agreement had been concluded despite no signed settlement document, and dismissed the appeal with costs.

  • Contract Formation
  • Compromise Agreement
  • Offer And Acceptance
  • Consensus Ad Idem
  • Quasi Mutual Assent
  • Contract-formation
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Commercial And Corporate [2024] ZALMPPHC 70

Devenco Investments 21 (Pty) Ltd v White Hall Trading and Projects 64 CC and Another (HCA64/2023)

Devenco Investments 21 (Pty) Ltd v White Hall Trading and Projects 64 CC and Another (HCA64/2023) [2024] ZALMPPHC 70 (22 July 2024)

The High Court dismissed an appeal over disputed lease terms, finding the relied-on agreement had been unilaterally amended and did not bind the respondents.

  • Lease Agreement Dispute
  • Variation Of Contract
  • Suretyship
  • Consensus Ad Idem
  • Condonation
  • Attorney And Client Costs
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Civil Procedure [2024] ZAECMKHC 48

Cloete v Van Zyl (3384/2017)

Cloete v Van Zyl (3384/2017) [2024] ZAECMKHC 48 (2 May 2024)

The court held that a settlement reached the day before trial was binding on both defendants and made it an order of court, despite their later attempt to withdraw.

  • Settlement Agreement
  • Authority Of Attorney
  • Damages From Veld Fire
  • Enforcement Of Settlement
  • Consensus Ad Idem
  • Settlement-agreement
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Civil Procedure [2023] ZAGPJHC 1331

D.K and Others v C.F (26567/2021)

D.K and Others v C.F (26567/2021) [2023] ZAGPJHC 1331 (20 November 2023)

The High Court held that no binding settlement was concluded because the parties were not ad idem on how the R600,000 settlement payment would be funded.

  • Settlement Agreement
  • Compromise
  • Consensus Ad Idem
  • National Credit Act
  • Costs Award
  • Settlement-agreement
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Land And Property [2022] ZAMPMBHC 44

Mpakeni Mlegeni Community Property Association v Castellazzo (Pty) Ltd and Another (4726/2021)

Mpakeni Mlegeni Community Property Association v Castellazzo (Pty) Ltd and Another (4726/2021) [2022] ZAMPMBHC 44 (27 June 2022)

The court dismissed a challenge to a lease, finding the applicant’s chairperson had authority to sign and that post-signature conduct showed consensus.

  • Lease Agreement Validity
  • Consensus Ad Idem
  • Specific Performance
  • Joinder And Nonjoinder
  • Lease-agreement-validity
  • Consensus-ad-idem
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Commercial And Corporate [2016] ZAGPPHC 228

Nedbank Limited v Chapter II Farm (Pty) Ltd and Others (31150/11)

Nedbank Limited v Chapter II Farm (Pty) Ltd and Others (31150/11) [2016] ZAGPPHC 228 (12 April 2016)

The High Court held that Nedbank failed to prove the suretyships covered Farm’s overdraft debt, finding no consensus ad idem on the scope of liability.

  • Suretyship Liability
  • Consensus Ad Idem
  • Rectification Of Contracts
  • General Law Amendment Act
  • Contractual Mistake
  • Suretyship-liability
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Commercial And Corporate [2007] ZAGPHC 128

OCV Investments (Pty) Ltd v South African Breweries Limited (31851/2000(B))

OCV Investments (Pty) Ltd v South African Breweries Limited (31851/2000(B)) [2007] ZAGPHC 128 (6 July 2007)

The High Court held that OCV Investments failed to prove a tacit lease with South African Breweries and dismissed the claim with costs.

  • Tacit Contract
  • Lease Agreement
  • Assignment Of Rights
  • Consensus Ad Idem
  • Contractual Liability
  • Tacit-contract
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Commercial And Corporate [2005] ZAFSHC 53

Krisptrade 11 (Edms) Beperk v X-Pressnet (Edms) Beperk en 'n Ander (2304/2004)

Krisptrade 11 (Edms) Beperk v X-Pressnet (Edms) Beperk en 'n Ander (2304/2004) [2005] ZAFSHC 53 (2 June 2005)

The court dismissed a claim for unpaid truck hire charges after finding no consensus that R35,000 per month applied to each vehicle.

  • Contract Formation
  • Consensus Ad Idem
  • Burden Of Proof
  • Interpretation Of Ambiguous Terms
  • Contract-formation
  • Consensus-ad-idem
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Commercial And Corporate [1994] ZASCA 6

S Silver's Motor Spares and Accessories (Pty) Ltd. v Foursome Bearing CC (59/93)

S Silver's Motor Spares and Accessories (Pty) Ltd. v Foursome Bearing CC (59/93) [1994] ZASCA 6 (10 March 1994)

The Appellate Division held that the company’s authorised employees placed valid orders with Foursome, and the appeal against the goods claim was dismissed.

  • Contract Formation
  • Error In Persona
  • Consensus Ad Idem
  • Agency
  • Set Off
  • Contract-formation
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Commercial And Corporate [1984] ZASCA 62

Fourie v Leong (63/84)

Fourie v Leong (63/84) [1984] ZASCA 62 (29 May 1984)

The Appellate Division held that a binding building contract existed, rejected the appellant’s consensus and rectification arguments, and upheld the damages award.

  • Repudiation Of Contract
  • Quantification Of Damages
  • Rectification Of Contract
  • Consensus Ad Idem
  • Repudiation-of-contract
  • Quantification-of-damages
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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.