South Africa Case Law

Blake and Another v Cassim Another (255/07)

Blake and Another v Cassim Another (255/07) [2008] ZASCA 67; [2008] 4 All SA 15 (SCA); 2008 (5) SA 393 (SCA) (29 May 2008)

Court

Supreme Court of Appeal

Case number

255/07

Judges

Mpati, Cameron, Cloete, Ponnan, Leach

The Supreme Court of Appeal held that the written agreement clearly stipulated the time for furnishing guarantees. Upon the purchaser's failure to provide the first guarantee within the twelve-month period, both guarantees became due. The seller was entitled to demand the guarantees and, upon the purchaser's failure to remedy the breach within the stipulated period, to cancel the agreement. The court rejected the argument that the seller was obliged to define the form of guarantee before making a demand, finding that the contract required only a guarantee acceptable to the seller's attorney,…

Source excerpt

• Sale Of Immovable Property
• Contractual Interpretation
• Guarantees In Property Sale
• Cancellation Of Contract
• Specific Performance

Farquhar v Scheffer and Another (A319/2006)

Farquhar v Scheffer and Another (A319/2006) [2008] ZAGPHC 66 (5 February 2008)

Court

High Courts - Gauteng

Case number

A319/2006

Judges

C Botha, C P Rabie, T J Vilakazi

The High Court held that guarantees delivered to the transfer attorneys were sufficient, and that the seller could not cancel without proper notice. The appeal failed.

• Specific Performance
• Contractual Repudiation
• Guarantees In Property Sale
• Severability Of Contract
• Breach Of Contract
• Specific-performance