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South Africa Case Law

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Commercial And Corporate [2018] ZAGPPHC 180

Mercuria Energy Trading South Africa (Pty) Ltd v TSH Coal (Pty) Ltd (43104/2016)

Mercuria Energy Trading South Africa (Pty) Ltd v TSH Coal (Pty) Ltd (43104/2016) [2018] ZAGPPHC 180 (4 April 2018)

The High Court held that Duhentra validly ceded its rights under a coal trade confirmation to Mercuria, and ordered TSH Coal to deliver the remaining coal.

  • Cession Of Contractual Rights
  • Specific Performance
  • Delegation Of Obligations
  • Assignment
  • Repudiation
  • Locus Standi
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Commercial And Corporate [2013] ZAGPPHC 139

Mineral-Loy (Pty) Ltd v Evraz Highveld Steel & Vanadium Corporation Ltd and Another (34312/10)

Mineral-Loy (Pty) Ltd v Evraz Highveld Steel & Vanadium Corporation Ltd and Another (34312/10) [2013] ZAGPPHC 139 (3 June 2013)

The court found, on a balance of probabilities, that a binding distribution agreement existed between the plaintiff and the first defendant from 1985, which was amended to include silico-manganese and adjusted commission rates. Upon sale of the Transalloys division, the agreement was assigned to the second defendant, with the plaintiff's consent evidenced by continued performance and instructions to invoice the second defendant. The second defendant's refusal to provide sales figures, effect payment, and communicate further constituted a clear repudiation of the contract. The plaintiff was en…

  • Contract Assignment
  • Distribution Agreement
  • Repudiation
  • Commission Claim
  • Delegation Of Obligations
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Land And Property [2006] ZAKZHC 6

Flexi Holiday Club v La Lucia Sands Shareblock Limited (90/02/01)

Flexi Holiday Club v La Lucia Sands Shareblock Limited (90/02/01) [2006] ZAKZHC 6; [2006] 2 All SA 479 (D) (31 March 2006)

The court held that consent was required to transfer share blocks because the transfer involved delegation of obligations, and the applicant failed to show waiver.

  • Share Blocks Control Act
  • Delegation Of Obligations
  • Transfer Of Shares
  • Creditor Consent
  • Property Time Sharing Control Act
  • Share-blocks
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Land And Property [1988] ZASCA 54

Trans-Natal Steenkookorporasie Bpk v Lombard and Another (182/1987)

Trans-Natal Steenkookorporasie Bpk v Lombard and Another (182/1987) [1988] ZASCA 54 (23 May 1988)

The court held that notice exercising the option had to be given to the original owners, not a later purchaser, and the respondents were not entitled to the option sum.

  • Mineral Rights
  • Option Contracts
  • Transfer Of Land
  • Delegation Of Obligations
  • Mineral-rights
  • Option-contracts
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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.