South Africa Case Law

Mccarthy Ltd t/a Mccarthy Toyota Sinoville v Malekane (A563/2008)

Mccarthy Ltd t/a Mccarthy Toyota Sinoville v Malekane (A563/2008) [2012] ZAGPPHC 42 (22 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

A563/2008

Judges

B.R. Southwood, M.W. Msimeki, H.J. Fabricius

The court found that the respondent failed to prove that the vehicle delivered was not new or that the alleged defects were sufficiently serious to justify cancellation of the contract. The evidence showed only a minor scratch, which was repaired, and other complaints were either vague, easily remedied, or not indicative of a second-hand vehicle. The respondent's evidence was inconsistent and lacked credibility, while the appellant's version was more probable. The breach, if any, was not serious enough to warrant cancellation and repayment of the deposit. Therefore, the magistrates' court err…

Source excerpt

• Contract Cancellation
• Sale Of Goods
• Malperformance
• Deposit Repayment

Burnett v Deloitte & Touch and Another (4254/2008)

Burnett v Deloitte & Touch and Another (4254/2008) [2010] ZAWCHC 84; 2010 (5) SA 259 (WCC) (20 April 2010)

Court

Western Cape High Court, Cape Town

Case number

4254/2008

Judge

Bozalek

The High Court held that prescription on a damages claim arising from an arbitral valuation began only when the award was set aside, so the special plea failed.

• Extinctive Prescription
• Breach Of Contract
• Arbitration Award
• Malperformance
• Valuation Dispute
• Extinctive-prescription

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92)

Elgin Brown & Hamer (Pty) Ltd. v Industrial Machinery Suppliers (Pty) Ltd. (272/92) [1993] ZASCA 55; 1993 (3) SA 424 (AD); (1 April 1993)

Court

Supreme Court of Appeal

Case number

272/92

Judges

Hoexter, Smalberger, F H Grosskopf, Van Coller, Kriegler

The court held that a wide exemption clause barred a claim for damages arising from negligent or defective workmanship, and upheld the exception.

• Contractual Exemption Clauses
• Fundamental Breach
• Malperformance
• Striking Out Of Pleadings
• Contractual-exemption-clauses
• Fundamental-breach