B C Plant Hire cc t/a B C Carriers v Grenco (SA) (PTY) Ltd (1090/2002)
B C Plant Hire cc t/a B C Carriers v Grenco (SA) (PTY) Ltd (1090/2002) [2003] ZAWCHC 70; [2004] 1 All SA 612 (C); 2004 (4) SA 550 (C) (12 December 2003)
The court found that, despite the parties' confusion and poor pleadings, the substance of their agreement was one of purchase and sale, with the respondent supplying and installing the refrigeration unit for the appellant. The risk of destruction passed to the appellant once the contract became unconditional and the unit was delivered and used by the appellant. The appellant's failure to insure the unit was its own responsibility, and the respondent was entitled to payment for the unit despite its destruction prior to financing. The court rejected arguments based on deposit, loan for use, or…
Source excerpt
- Passing Of Risk
- Purchase And Sale
- Letting And Hiring Of Work
- Misnomer
- Credit Agreement
- Insurance Liability