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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 613

Casper Jacobs Konstruksie CC v Minister of Police (28360/2019)

Casper Jacobs Konstruksie CC v Minister of Police (28360/2019) [2022] ZAGPPHC 613 (24 August 2022)

The court held that the contractor gave timely notice of delay and was entitled to an extension of time and payment under the construction contract.

  • Construction Contracts
  • Extension Of Time
  • Contractual Notice Requirements
  • Liquidated Damages
  • Penalty Clauses
  • Construction-contracts
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Commercial And Corporate [2019] ZAGPJHC 467

Qayisa NO and Others v Alticon Group (Pty) Ltd and Others (28143/17)

Qayisa NO and Others v Alticon Group (Pty) Ltd and Others (28143/17) [2019] ZAGPJHC 467 (20 December 2019)

The court found that Daggafontein failed to pay the initial R10 million deposit by the stipulated date, which constituted a breach of the sale of land agreement. STI's notice of breach, although demanding more than was due, clearly identified the actual breach and informed Daggafontein of what was required to remedy it. The demand for R40 million was premature but did not invalidate the notice regarding the R10 million. Daggafontein remained in default and did not pay the required amount within seven days of the notice. The contractual conditions for cancellation were therefore fulfilled, and…

  • Specific Performance
  • Breach Of Contract
  • Right Of Cancellation
  • Contractual Notice Requirements
  • Repudiation
  • Derivative Actions
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Civil Procedure [2011] ZAKZPHC 15

Nortje v Fakie (AR643/10)

Nortje v Fakie (AR643/10) [2011] ZAKZPHC 15; 2013 (1) SA 577 (KZP) (7 April 2011)

High Court held the conveyancer, not the seller’s attorney, had to give Clause 12 mora notice. The alternative delict claim also failed.

  • Contractual Notice Requirements
  • Mora Interest
  • Role Of Conveyancer
  • Delictual Liability
  • Breach Of Contract
  • Contract-interpretation
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Labour Law [2010] ZALC 1

Sihlali v South African Broadcasting Corporation Ltd (J700/08)

Sihlali v South African Broadcasting Corporation Ltd (J700/08) [2010] ZALC 1; (2010) 31 ILJ 1477 (LC) ; [2010] 5 BLLR 542 (LC) (14 January 2010)

The Labour Court held that an employee’s SMS resigning “with immediate effect” was a clear, unilateral resignation that could not be withdrawn without the employer’s consent.

  • Resignation
  • Termination Of Employment
  • Absolution From The Instance
  • Electronic Communications
  • Contractual Notice Requirements
  • Termination-of-employment
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Land And Property [1985] ZASCA 147

Pritchard Properties (Pty) Ltd. v Koulis (3) (324/84)

Pritchard Properties (Pty) Ltd. v Koulis (3) (324/84) [1985] ZASCA 147; [1986] 2 All SA 82 (A) (2 December 1985)

The Supreme Court of Appeal held that clause 4 of the lease agreement, when interpreted as part of the entire contract, was clear and unambiguous. The clause divided breaches into four distinct groups, with the seven-day notice requirement applying only to breaches of 'other conditions' and not to the failure to pay rent on the due date. The deletion of the word 'latter' and its initialling by the parties indicated unequivocally that the word was to form no part of the contract, but did not create ambiguity or extend the notice requirement to non-payment of rent. The contract provided specifi…

  • Lease Agreement Interpretation
  • Ejectment
  • Contractual Notice Requirements
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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.