South Africa Case Law

26492.2013 Sasol Pension Fund and Another v Love Bitez CC T/A Love Bites and Another (20 April 2016) (26492/2013)

26492.2013 Sasol Pension Fund and Another v Love Bitez CC T/A Love Bites and Another (20 April 2016) (26492/2013) [2016] ZAGPPHC 530 (20 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

26492/2013

Judge

Legodi

High Court case on lease negotiations, fraudulent non-disclosure, and election of remedies after the closure of an anchor tenant was revealed.

• Fraudulent Misrepresentation
• Lease Agreement
• Material Non Disclosure
• Election Of Remedies
• Anticipatory Breach
• Fraudulent-misrepresentation

SPF and Another v LBCCT/A LB and Another (26492/13)

SPF and Another v LBCCT/A LB and Another (26492/13) [2016] ZAGPPHC 378 (20 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

26492/13

Judge

Legodi

High Court case on a lease dispute involving fraudulent misrepresentation, non-disclosure of an ice rink closure, and the doctrine of election of remedies.

• Fraudulent Misrepresentation
• Lease Agreement
• Material Non Disclosure
• Election Of Remedies
• Anticipatory Breach
• Fraudulent-misrepresentation

Sandown Travel (Pty) Ltd v Cricket South Africa (42317/2011)

Sandown Travel (Pty) Ltd v Cricket South Africa (42317/2011) [2012] ZAGPJHC 249; 2013 (2) SA 502 (GSJ) (7 December 2012)

Court

South Gauteng High Court, Johannesburg

Case number

42317/2011

Judge

Wepener

The court found that the defendant's conduct, including its letter of 6 April 2011 and subsequent refusal to use the plaintiff's services, constituted a clear and unequivocal repudiation of the agreement. The plaintiff initially elected to keep the contract alive but, when the defendant persisted in its repudiation at the time performance was due, the plaintiff was entitled to change its election and cancel the agreement, relying on the doctrine of repentance. The court held that this principle is now part of South African law and applies in cases of anticipatory breach. Furthermore, the plai…

Source excerpt

• Repudiation Of Contract
• Anticipatory Breach
• Election Of Remedies
• Damages As Surrogate For Performance
• Specific Performance
• Contract Cancellation