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South Africa Case Law

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Commercial And Corporate [2020] ZASCA 74

Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another (201/19)

Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another (201/19) [2020] ZASCA 74 (29 June 2020)

The SCA held that a fraud-tainted tender contract was validly rescinded, and its adjudication clause did not survive to bind the City.

  • Fraudulent Misrepresentation
  • Arbitration Clause Survival
  • Contract Rescission
  • Tender Procurement
  • Punitive Costs
  • Fraudulent-misrepresentation
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Civil Procedure [2019] ZAECGHC 95

Ndara and Another v Weir Investments (Pty) Ltd and Others (3180/2013)

Ndara and Another v Weir Investments (Pty) Ltd and Others (3180/2013) [2019] ZAECGHC 95 (1 October 2019)

The court found that the incomplete record was nevertheless adequate for proper consideration of the appeal, as the relevant evidence and documents were available and the issue on appeal was narrow. The plaintiffs had knowledge of the material facts giving rise to their claim by 2005, when they learned they had paid the price of a new vehicle for a demonstration model and knew the identities of the defendants. The subsequent discovery of a document in 2013 merely provided proof of their earlier knowledge and did not constitute new material facts. The claim for a declaration of nullity was, in…

  • Prescription Act
  • Fraudulent Misrepresentation
  • Contract Rescission
  • Declaration Of Rights
  • Damages
  • Restitution
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Commercial And Corporate [2018] ZAGPJHC 632

Industrial Development Corporation of SA Limited v Oakbay Resources and Energy Limited and Others (46934/2017)

Industrial Development Corporation of SA Limited v Oakbay Resources and Energy Limited and Others (46934/2017) [2018] ZAGPJHC 632 (12 November 2018)

The High Court dismissed exceptions to a claim seeking cancellation of a loan restructuring agreement, holding the pleaded breaches and misrepresentation were sufficient.

  • Contract Rescission
  • Fraudulent Misrepresentation
  • Breach Of Warranty
  • Share Price Manipulation
  • Prevention Of Organised Crime Act
  • Financial Markets Act
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Land And Property [2013] ZAECPEHC 5

Tatrim CC v Spenmac (Pty) Ltd (1622/2011)

Tatrim CC v Spenmac (Pty) Ltd (1622/2011) [2013] ZAECPEHC 5 (31 January 2013)

The High Court held that the sale of a sectional title property was void for lack of consensus after innocent misrepresentations about subdivision rights.

  • Innocent Misrepresentation
  • Unilateral Mistake
  • Lack Of Consensus
  • Sectional Titles Act
  • Contract Rescission
  • Innocent-misrepresentation
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Land And Property [2011] ZASCA 81

Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (024/10)

Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (024/10) [2011] ZASCA 81 (27 May 2011)

The Supreme Court of Appeal held that a false auction advertisement fraudulently induced the sale, making the buyer entitled to rescind despite exclusion clauses.

  • Fraudulent Misrepresentation
  • Voetstoots Clause
  • Contract Rescission
  • Exemption Clause
  • Error In Corpore
  • Auction Sale
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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.