South Africa Case Law

Watson v Sachs and Another (647/1992)

Watson v Sachs and Another (647/1992) [1994] ZASCA 82; 1994 (3) SA 655 (AD); [1994] 2 All SA 419 (A) (27 May 1994)

Court

Supreme Court of Appeal

Case number

647/1992

Judges

Van Heerden, E M Grosskopf, F H Grosskopf, Van Den Heever, Harms

The Supreme Court of Appeal held that the appellant was not obliged to account to the first respondent for the proceeds of the BMW sale unless the mandates between the parties expressly or impliedly created such a duty. The court found that the respondents' affidavits did not establish the terms of the mandates with sufficient clarity to impose such an obligation. The appellant's version, which was not properly contradicted, indicated that he was instructed to sell the vehicle on behalf of the second respondent and to pay the proceeds to him. The court rejected the respondents' submissions re…

Source excerpt

• Agency Relationships
• Subagent Liability
• Fiduciary Duty
• Set Off
• Mandate Interpretation