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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 1193

Atlas Truck Centre (Pty) Ltd v Gio Logistics (Pty) Ltd (2024/006294)

Atlas Truck Centre (Pty) Ltd v Gio Logistics (Pty) Ltd (2024/006294) [2024] ZAGPJHC 1193 (20 November 2024)

The High Court held that a voetstoots clause did not exclude the implied warranty against eviction. Atlas recovered the trailer purchase price, interest, and costs.

  • Implied Warranty Against Eviction
  • Voetstoots Clause
  • Sale Of Goods
  • Exclusion Of Warranty
  • Voetstoots-clause
  • Implied-warranty-against-eviction
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Commercial And Corporate [2024] ZAFSHC 102

Park Motors Welkom (Pty) Limited v Montana General Trading 196 CC (2376/2021)

Park Motors Welkom (Pty) Limited v Montana General Trading 196 CC (2376/2021) [2024] ZAFSHC 102 (4 April 2024)

The court held the defendant liable under the implied warranty against eviction after a stolen Isuzu was seized by police, and ordered repayment of R516,779.

  • Implied Warranty Against Eviction
  • Sale Of Goods
  • Estoppel
  • Damages
  • Contractual Authority
  • Implied-warranty-against-eviction
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Commercial And Corporate [2009] ZAGPPHC 263

Absa Bank Beperk h/a Bankfin v Ntt Toyota (14684/2004)

Absa Bank Beperk h/a Bankfin v Ntt Toyota (14684/2004) [2009] ZAGPPHC 263 (24 August 2009)

The High Court held that eviction occurred before summons when SARS notice made it clear the vehicle could not be lawfully proved imported, so the buyer could recover the price.

  • Implied Warranty Against Eviction
  • Customs And Excise Act
  • Repossession
  • Purchase And Sale
  • Proof Of Importation
  • Implied-warranty-against-eviction
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Commercial And Corporate [2002] ZASCA 82

Van Der Westhuizen v Arnold (414/2000)

Van Der Westhuizen v Arnold (414/2000) [2002] ZASCA 82; [2002] 4 All SA 331 (SCA); 2002 (6) SA 453 (SCA) (29 August 2002)

The Supreme Court of Appeal held that a general no-warranties clause did not clearly exclude the implied warranty against eviction in a vehicle sale.

  • Contractual Exclusion Clauses
  • Implied Warranty Against Eviction
  • Interpretation Of Contracts
  • Voetstoots Sale
  • Contra Proferentem
  • Damages For Eviction
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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.