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South Africa Case Law

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Commercial And Corporate [2002] ZASCA 25

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000)

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000) [2002] ZASCA 25; [2002] 3 All SA 369 (A); 2002 (4) SA 681 (SCA) (28 March 2002)

Court
Supreme Court of Appeal
Case number
365/2000
Judges
Nienaber, Olivier, Streicher, Farlam, Nugent

The court held the seller’s standard terms were not incorporated into a solar-panel sale, so the buyer could raise non-payment and damages issues.

  • Contractual Terms Incorporation
  • Exceptio Non Adimpleti Contractus
  • Remedies For Defective Performance
  • Standard Terms And Conditions
  • Procedural Non Compliance
  • Damages Exclusion Clauses
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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.

Source links and collection timestamps are retained alongside the indexed records.