South Africa Case Law

Van Jaarsveldt v Bosman (A3090/2006)

Van Jaarsveldt v Bosman (A3090/2006) [2007] ZAGPHC 150; [2007] 4 All SA 1198 (W) (21 August 2007)

Court

High Courts - Gauteng

Case number

A3090/2006

Judges

P.N. Levenberg, Saldulker

The appellant breached the warranty against eviction by failing to protect the respondent when van der Walt, who had superior title, repossessed the vehicle. The evidence established that the appellant had defaulted on his payment obligations to van der Walt and ABSA, forfeiting any right to ownership. Van der Walt's title was legally unassailable, and the respondent was dispossessed by a person with better title. The appellant took no steps to defend the respondent's possession, and the respondent cannot be blamed for not resisting further. The respondent is entitled to damages for the porti…

Source excerpt

• Warranty Against Eviction
• Ownership Transfer
• Instalment Sale Agreement
• Damages For Eviction

Van Der Westhuizen v Arnold (414/2000)

Van Der Westhuizen v Arnold (414/2000) [2002] ZASCA 82; [2002] 4 All SA 331 (SCA); 2002 (6) SA 453 (SCA) (29 August 2002)

Court

Supreme Court of Appeal

Case number

414/2000

Judges

Marais, Heher, Lewis

The Supreme Court of Appeal held that a general no-warranties clause did not clearly exclude the implied warranty against eviction in a vehicle sale.

• Contractual Exclusion Clauses
• Implied Warranty Against Eviction
• Interpretation Of Contracts
• Voetstoots Sale
• Contra Proferentem
• Damages For Eviction