Compagnie Inter Africaine De Tranvaux, South African Branch v Abercom Africa (Pty) Ltd. (60/1984)
Compagnie Inter Africaine De Tranvaux, South African Branch v Abercom Africa (Pty) Ltd. (60/1984) [1985] ZASCA 60 (30 May 1985)
The Supreme Court of Appeal held that the written agreement did not contain specifications so detailed as to exclude the implication of a tacit term regarding fitness for purpose. The exemption clause (clause 4) was interpreted narrowly and found not to apply to breaches going to the root of the contract, such as the supply of locomotives that required extensive redesign and rebuilding. The Court found that the tacit term alleged by the appellant was not wholly irreconcilable with the express terms of the contract and could operate independently in the area not covered by the guarantee. The a…
Source excerpt
- Tacit Terms
- Exemption Clauses
- Aedilitian Remedies
- Breach Of Contract
- Damages For Defective Goods