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Afriq Medical Distributors v First National Bank (4883/2002) [2010] ZAGPPHC 123 (21 September 2010)
The court dismissed Afriq Medical Distributors’ claim because the disputed funds were traced to a letter-of-credit transaction tainted by forged documents.
Delfs v Kuehne & Nagel (PROP) Ltd. (159/89) [1989] ZASCA 160 (28 November 1989)
The court held that the tacit term pleaded by the appellant, which would have made the respondent responsible for ensuring compliance with all conditions of the Letter of Credit regardless of circumstances, could not be implied. Such a term would effectively make the respondent a guarantor, which was neither necessary for business efficacy nor reflective of the parties' common intention. The evidence showed that the failure to comply with the Letter of Credit was due to the appellant's inability to supply the correct number of animals, not any breach by the respondent. Even if the tacit term…
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