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South Africa Case Law

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Land And Property [2011] ZASCA 81

Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (024/10)

Sim Road Investments CC v Morgan Air Cargo (Pty) Ltd (024/10) [2011] ZASCA 81 (27 May 2011)

The Supreme Court of Appeal held that a false auction advertisement fraudulently induced the sale, making the buyer entitled to rescind despite exclusion clauses.

  • Fraudulent Misrepresentation
  • Voetstoots Clause
  • Contract Rescission
  • Exemption Clause
  • Error In Corpore
  • Auction Sale
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Land And Property [2009] ZAKZDHC 40

Perumal v Bayett and Another (14337/2007)

Perumal v Bayett and Another (14337/2007) [2009] ZAKZDHC 40 (31 August 2009)

The court held that a bidder was misled by an auction sign board as to the property being sold. The sale was void ab initio for unilateral error in corpore.

  • Unilateral Mistake
  • Misrepresentation
  • Error In Corpore
  • Contract Voidness
  • Auction Sale
  • Voetstoots Clause
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Land And Property [2009] ZAGPPHC 36

Morgan Air Cargo (Pty) Ltd v Sim Road Investments CC and Another (22024/06)

Morgan Air Cargo (Pty) Ltd v Sim Road Investments CC and Another (22024/06) [2009] ZAGPPHC 36; [2009] 4 All SA 249 (GNP) (29 April 2009)

A property buyer rescinded an auction sale after the land was advertised as commercial but was actually agricultural, defeating the seller’s exemption clauses.

  • Misrepresentation
  • Voetstoots Clause
  • Restitutio In Integrum
  • Exemption Clause
  • Auction Sale
  • Error In Corpore
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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.