De Swartd v House of Trucks (EDMS) Beperk (19/2002)
De Swartd v House of Trucks (EDMS) Beperk (19/2002) [2003] ZAFSHC 18 (4 September 2003)
The court found on a balance of probabilities that a binding oral contract was concluded on 8 February 2001 between the plaintiff and defendant for the manufacture and delivery of two tanker trailers at a price of R512,000 plus VAT per unit. The exclusion of consequential damages contained in the written quotation was not communicated to the plaintiff prior to contract formation and was therefore not incorporated into the contract. The defendant's conduct, including repeated attempts to repair the defective tankers and correspondence acknowledging the contract, confirmed the existence of the…
Source excerpt
- Contract Formation
- Exclusion Of Consequential Damage
- Oral Agreement
- Warranty
- Specific Performance