South Africa Case Law

Exdev (Pty) Ltd and Another v Pekudei Investments (Pty) Ltd (97/10)

Exdev (Pty) Ltd and Another v Pekudei Investments (Pty) Ltd (97/10) [2010] ZASCA 170; 2011 (2) SA 282 (SCA) ; [2011] 2 All SA 371 (SCA) (1 December 2010)

Court

Supreme Court of Appeal

Case number

97/10

Judges

Heher, Cachalia, Leach, R Pillay, Ebrahim

The Supreme Court of Appeal held that the sale and option agreements in clause 3 of the contract were separate, divisible, and independent. The sale of the office unit was valid and enforceable, as the essential characteristics—size and number of parking bays—were specified, and the seller's discretion over shape and location did not render the description too vague. The court applied established principles that a property need not be described with meticulous accuracy, and that subsequent selection or determination by one party is permissible if the essential features are agreed. The excepti…

Source excerpt

• Alienation Of Land Act
• Sale Of Immovable Property
• Contract Divisibility
• Exception Procedure
• Description Of Property
• Option Contracts

Bob's Shoe Centre v Heneways Freight Services Proprietary Ltd. (752/92)

Bob's Shoe Centre v Heneways Freight Services Proprietary Ltd. (752/92) [1994] ZASCA 158; 1995 (2) SA 421 (AD); [1995] 1 All SA 693 (A) (18 November 1994)

Court

Supreme Court of Appeal

Case number

752/92

Judges

Botha, Hefer, F H Grosskopf, Van den Heever, Harms

The court held that a freight contract was divisible, allowing payment for services completed before theft made final delivery impossible. The appeal was dismissed.

• Contract Divisibility
• Supervening Impossibility
• Exceptio Non Adimpleti Contractus
• Risk Of Loss
• Mandatum And Bailment
• Contract-divisibility