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South Africa decisions
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Heathfield v Maqelepo (430/02) [2003] ZASCA 126; 2004 (2) SA 636 (SCA) (27 November 2003)
The Supreme Court of Appeal held that the respondent was the purchaser, not merely a surety, and ordered transfer of the property.
Amalgamated Beverage Industries Ltd. v Rond Vista Wholesalers (539/2002) [2003] ZASCA 103; [2003] 4 All SA 95 (SCA); 2004 (1) SA 538 (SCA) (26 September 2003)
The Supreme Court of Appeal held that the contract between the appellant and respondent was terminable on reasonable notice, as a tacit term to that effect was implied from the parties' intentions and commercial context. The reasonableness of the notice period must be assessed at the time notice is given, considering the respondent's ability to regulate its affairs and the nature of its commitments. The court found that the respondent's capital commitments, including the mortgage bond and vehicle repayments, did not prevent it from properly regulating its affairs within six months. The court…
Source excerpt
Schoemaker v Lochner and Another (158/84) [1984] ZASCA 124 (1 November 1984)
The Appellate Division held that a blank in a share-sale contract did not void the agreement and rejected a section 38(1) Companies Act illegality defence.
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