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South Africa decisions
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Legoete v Mercedes Benz Financial Services SA (Pty) Ltd (15666/2014) [2017] ZAGPPHC 1193 (8 December 2017)
Leave to appeal was dismissed in a contract dispute over a mistaken settlement quotation and liability for an outstanding vehicle finance balance.
Bavasah v Stirton and Another (A342/12) [2014] ZAWCHC 12; [2014] 2 All SA 51 (WCC) (12 February 2014)
The Court found that the agreement of 27 May 2008 was void due to a common mistake shared by both parties regarding the issuance and ownership of shares. The formalities required by the Companies Act and the company's Articles, including the passing of a special resolution and entry into the register of members, were not complied with. The doctrine of unanimous assent could not rescue the appellant, as special resolutions cannot be informally obtained. The evidence showed that neither party was fully aware of the actual share allocation, and the changes made by Koster were not communicated to…
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Chemical Industries National Provident Fund v Tristar Investments (Pty) Ltd (2008/41311) [2012] ZAGPJHC 62 (20 April 2012)
The court held that an investment consulting agreement required unlicensed financial services conduct and was void under section 7(1) of FAIS.
Perumal v Bayett and Another (14337/2007) [2009] ZAKZDHC 40 (31 August 2009)
The court held that a bidder was misled by an auction sign board as to the property being sold. The sale was void ab initio for unilateral error in corpore.
Ieiman v Scott and Others (12977/2007) [2008] ZAWCHC 205 (20 May 2008)
The High Court dismissed an application to set aside a sale of immovable property, finding no proven common mistake, misrepresentation, or basis to void the contract.
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