South Africa Case Law

Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020)

Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 431 (18 December 2024)

Court

Western Cape High Court, Cape Town

Case number

4086/2020

Judge

A Kantor

The court found that the handwritten amendment to the Master Rental Agreement (MRA) was ineffective because it was not signed by both parties as required by the non-variation clause. The contract remained in its unamended form, and the plaintiffs could not claim the higher rental amount. The cession agreements validly transferred rights, but the warranties and indemnities covered only the contract as it existed, not the purported amendment. Public policy did not justify disregarding the non-variation clause, as no evidence was presented of circumstances warranting such intervention. The count…

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• Non Variation Clause
• Contractual Cessions
• Public Policy Exception
• Unjustified Enrichment
• Contractual Warranties

Samchem Corporation (Pty) Ltd v Compass Insurance Company Limited (2021/27074)

Samchem Corporation (Pty) Ltd v Compass Insurance Company Limited (2021/27074) [2023] ZAGPJHC 1233 (30 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/27074

Judge

Dlamini

The High Court held that the insurer could not repudiate a marine cargo claim for misrepresentation or breach of warranty, and ordered indemnity.

• Marine Cargo Insurance
• Contractual Warranties
• Misrepresentation
• Indemnity
• Policy Interpretation
• Marine-cargo-insurance

Du Plessis v Strauss (46833/18)

Du Plessis v Strauss (46833/18) [2023] ZAGPPHC 590 (26 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

46833/18

Judge

Kuny

The court found that the agreement was validly cancelled by the applicant in accordance with the breach and cancellation provisions. The respondent failed to deliver the required tax clearance certificate and did not comply with warranties regarding legal compliance and operating licences. The respondent's claim for rectification was dismissed as he failed to prove that the agreement did not reflect the parties' true intention, and the evidence showed both parties were aware of the tax clearance requirement. The applicant did not waive his right to cancel, and the delay did not preclude cance…

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• Rectification Of Contract
• Cancellation Of Agreement
• Contractual Warranties
• Restitution
• Breach Of Contract

EBS International (Pty) Ltd and Another v Wright (19128 / 2020)

EBS International (Pty) Ltd and Another v Wright (19128 / 2020) [2022] ZAWCHC 69 (9 May 2022)

Court

Western Cape High Court, Cape Town

Case number

19128 / 2020

Judge

E D Wille

High Court case on breached sale-agreement tax warranties, indemnity liability, and whether SARS assessments conclusively proved the breach.

• Contractual Warranties
• Indemnity
• Tax Liability
• Specific Performance
• Fiduciary Duty
• Tax Administration Act

TR Eagle Air (Pty) Ltd and Another v Thompson (A206/2018)

TR Eagle Air (Pty) Ltd and Another v Thompson (A206/2018) [2020] ZAGPPHC 801 (13 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

A206/2018

Judges

Tlhapi V V, Mudau T P, Lenyai M M D

The High Court struck an appeal off the roll for failure to comply with Rule 49(13)(a) on security for costs, despite hearing argument on the merits.

• Sale Of Shares Agreement
• Contractual Warranties
• Security For Costs On Appeal
• Rule 49 Noncompliance
• Security-for-costs
• Civil-appeal

Technofin (Pty) Ltd v Standard Bank of South Africa (A183/2018)

Technofin (Pty) Ltd v Standard Bank of South Africa (A183/2018) [2020] ZAGPPHC 683 (23 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

A183/2018

Judges

N Davis, M A Makume, M J Teffo

The High Court held that clause 6.2 of the cession agreements was a stand-alone repurchase remedy and dismissed Technofin’s prescription defence.

• Specific Performance
• Contractual Warranties
• Cession Of Rights
• Prescription Act
• Interpretation Of Contracts
• Interpretation-of-contracts

Rehau Polymer (Pty) Ltd v Brunettes Electrical (Pty) Ltd and Others (641/2018)

Rehau Polymer (Pty) Ltd v Brunettes Electrical (Pty) Ltd and Others (641/2018) [2019] ZASCA 101 (25 July 2019)

Court

Supreme Court of Appeal

Case number

641/2018

Judges

Ponnan, Swain, Mocumie, Makgoka, Eksteen

The SCA dismissed Rehau’s appeal over fire-loss damages, holding CDC’s warranties covered the premises’ completion and compliance, not the later activation of the fire suppression system.

• Breach Of Contract
• Contractual Warranties
• Statutory Compliance
• Fire Safety Regulation
• Agency Liability
• Breach-of-contract

Gutsche Family Investments (Pty) Limited and Others v Mettle Equity Group (Pty) Limited (4490/2015)

Gutsche Family Investments (Pty) Limited and Others v Mettle Equity Group (Pty) Limited (4490/2015) [2017] ZAECPEHC 28 (30 March 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

4490/2015

Judge

M Roberson

The court found that the respondent's counterclaim consisted of separate causes of action, each relating to breaches of different warranties under the sale agreement. The Arbitrator and Appeal Tribunal's determinations of the various claimed losses, together with the admitted amount in the 2013 arbitration agreement, constituted liquidated claims as at 28 May 2008. Applying the principle from Bailey, the court held that set-off of the respondent's counterclaim against the applicants' claim occurred on 28 May 2008, the date the claims became liquidated. The applicants' argument that set-off on…

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• Arbitration Award Enforcement
• Set Off
• Contractual Warranties
• Indemnity
• Interest Calculation
• Costs Award

Motor Finance Corporation (Pty) Limited v Xavier Motors CC t/a xavier Motors and Another (34095/2008)

Motor Finance Corporation (Pty) Limited v Xavier Motors CC t/a xavier Motors and Another (34095/2008) [2016] ZAGPJHC 131 (12 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

34095/2008

Judge

Cassim

The court found that Xavier Motors breached its contractual obligations under the Master Discount Agreement by delivering vehicles to persons other than the purported purchasers and failing to exercise reasonable care in verifying customer identity and credit information. The evidence established that delivery was made to fraudsters, not the actual customers, and that Xavier Motors failed to detect material irregularities in the documentation. The dealership's lack of adequate record-keeping and failure to comply with contractual verification requirements constituted negligence. Consequently,…

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• Contractual Warranties
• Fraudulent Misrepresentation
• Dealer Liability
• Credit Information Verification
• Specific Performance

Cash on Demand (KZN) (Pty) Ltd v Van Zyl (2009/21655)

Cash on Demand (KZN) (Pty) Ltd v Van Zyl (2009/21655) [2012] ZAGPJHC 148 (23 August 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/21655

Judge

D S S Moshidi

The High Court held an attorney-agent liable in delict for failing to disclose a prior cession of the same surplus equity, causing the plaintiff's loss.

• Misrepresentation
• Agent Liability
• Non Disclosure
• Pure Economic Loss
• Contractual Warranties
• Agent-liability