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South Africa Case Law

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Commercial And Corporate [2022] ZAGPJHC 930

Darryl Ackerman Attorneys v Bhawan and Another (2021/53620)

Darryl Ackerman Attorneys v Bhawan and Another (2021/53620) [2022] ZAGPJHC 930 (23 November 2022)

The High Court dismissed a claim that two respondents were personally liable for a law firm’s debt to Eldo Telecommunications because the required payment was never made.

  • Personal Liability Of Directors
  • Contractual Acceptance
  • Conditional Agreement
  • Payment Obligation
  • Contractual-acceptance
  • Personal-liability
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Civil Procedure [2012] ZAFSHC 210

Lehmann and Others v Henred Fruehauf (Pty) Ltd (A100/2012)

Lehmann and Others v Henred Fruehauf (Pty) Ltd (A100/2012) [2012] ZAFSHC 210 (15 November 2012)

High Court appeal on when a settlement agreement was concluded and how long interest on severance packages was payable.

  • Settlement Agreement
  • Interest On Judgment Debt
  • Severance Package
  • Contractual Acceptance
  • Settlement-agreement
  • Contractual-acceptance
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Commercial And Corporate [2011] ZAKZPHC 26

Fed Trade CC v Estcort Ltd (AR675/10)

Fed Trade CC v Estcort Ltd (AR675/10) [2011] ZAKZPHC 26 (10 June 2011)

The High Court held that a reservation of rights did not undo acceptance of a compromise offer, and dismissed the appeal with costs.

  • Compromise Of Claim
  • Contractual Acceptance
  • Interpretation Of Contract
  • Onus Of Proof
  • Compromise-of-claim
  • Contractual-acceptance
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Commercial And Corporate [2008] ZAGPHC 181

Anglogold Ashanti Limited v Fluor SA (Pty) Ltd (06/16296)

Anglogold Ashanti Limited v Fluor SA (Pty) Ltd (06/16296) [2008] ZAGPHC 181 (13 June 2008)

The court found that clause 5.1 of Fluor's tender documents, which excluded liability for damages except as set out in a definitive written contract, formed part of the agreement between the parties. Anglogold's representative was aware of the clause and, by commencing with the works and failing to expressly reject the clause, Anglogold acquiesced to its inclusion. The clause operated as a transitional provision pending finalisation of outstanding terms, and its duration extended until the alleged breach occurred. The court rejected Anglogold's argument for unlimited liability, finding that b…

  • Breach Of Contract
  • Contractual Liability Limitation
  • Exemption Clause
  • Implied Terms
  • Contractual Acceptance
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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.