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South Africa Case Law

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Civil Procedure [2016] ZAGPPHC 118

Tsogile Foundation Security Services v National Commissioner, South African Police Services and Another (59500/2010)

Tsogile Foundation Security Services v National Commissioner, South African Police Services and Another (59500/2010) [2016] ZAGPPHC 118 (4 March 2016)

The High Court held that the defendants waived reliance on statutory notice non-compliance and that the plaintiff’s letter of 4 August 2009 satisfied the Act.

  • Institution Of Legal Proceedings Against Organs Of State Act
  • Special Plea
  • Contractual Damages
  • Specific Performance
  • Expectation Interest
  • Special-plea
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Land And Property [2015] ZAWCHC 36

Allen v Scheibert (14136/2010)

Allen v Scheibert (14136/2010) [2015] ZAWCHC 36 (20 March 2015)

High Court damages claim arising from a sale warranty breach over unapproved property alterations and a second kitchen in a flatlet.

  • Breach Of Warranty
  • Damages Assessment
  • Expectation Interest
  • Mitigation Of Loss
  • Property Valuation
  • Breach-of-warranty
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Land And Property [2015] ZAWCHC 37

Allen v Scheibert (14136/2010)

Allen v Scheibert (14136/2010) [2015] ZAWCHC 37 (20 March 2015)

Sale-of-property warranty case: the court held the seller liable for damages after an unapproved flatlet kitchen prevented lawful use as a separate unit.

  • Breach Of Warranty
  • Assessment Of Contractual Damages
  • Expectation Interest
  • Mitigation Of Loss
  • Property Valuation
  • Specific Performance Surrogate
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Civil Procedure [2010] ZAGPPHC 121

Graf v Wenger (36453/2009)

Graf v Wenger (36453/2009) [2010] ZAGPPHC 121 (23 September 2010)

The High Court upheld an exception because the plaintiff pleaded reliance and expectation damages as one cause of action, ordering an amendment.

  • Breach Of Contract
  • Damages Quantification
  • Expectation Interest
  • Reliance Interest
  • Breach-of-contract
  • Contract-damages
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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.