Pratsch t/a Caltex Mooi River v Rasmussen (10369/2004)
Pratsch t/a Caltex Mooi River v Rasmussen (10369/2004) [2007] ZAKZHC 56; 2008 (2) SA 243 (N) (7 June 2007)
The court found that neither the Petroleum Products Act nor its regulations expressly provide that a contract concluded in contravention of regulation 4(1) is null and void. Invalidity should not be imputed unless necessary to achieve the legislative purpose, and greater inconvenience may result from rescission than from the unlawful act itself. The court adopted the reasoning in Smith v Louw's Garage, holding that the legislature did not intend contracts in contravention of regulation 4(1) to be invalid. Therefore, the sale of petroleum products by the plaintiff to the defendant during the r…
Source excerpt
- Petroleum Products Regulation
- Credit Sale Enforceability
- Statutory Prohibition
- Contract Invalidity
- Special Plea
- Costs Reservation