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South Africa Case Law

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Land And Property [2016] ZAGPJHC 79

Cooper v Clark (2015/31475)

Cooper v Clark (2015/31475) [2016] ZAGPJHC 79 (29 April 2016)

The court held that the seller’s amendments to an offer to purchase were a counter-offer, so no binding sale agreement arose and the deposit had to be refunded.

  • Contract Formation
  • Counter Offer
  • Material Alteration
  • Refund Of Deposit
  • Contract-formation
  • Counter-offer
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Commercial And Corporate [2010] ZAWCHC 651

Deyzel v Fastpulse Trading 461 and Another (2043/09)

Deyzel v Fastpulse Trading 461 and Another (2043/09) [2010] ZAWCHC 651 (8 February 2010)

The High Court granted provisional sentence against a second defendant who had signed a cheque a second time as “surety”, finding liability under section 54A.

  • Bills Of Exchange
  • Suretyship
  • Aval Liability
  • Material Alteration
  • Provisional Sentence
  • Beneficium Excussionis
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Banking And Finance [2008] ZAKZHC 36

African Bank Limited t/a ab Commerce v Covmark Marketing cc t/a Covmark Marketing and Others (9238/2005, 10785/2005)

African Bank Limited t/a ab Commerce v Covmark Marketing cc t/a Covmark Marketing and Others (9238/2005, 10785/2005) [2008] ZAKZHC 36; 2008 (6) SA 46 (D) (4 April 2008)

The court considered whether African Bank was a holder in due course of three post-dated cheques and whether special endorsements made them irregular under the Bills of Exchange Act.

  • Bills Of Exchange Act
  • Holder In Due Course
  • Material Alteration
  • Endorsement Irregularity
  • Rule 33 4 Separation
  • Cheque Liability
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Banking And Finance [2006] ZASCA 148

A Melamed Finance (Pty) Ltd v Voc Investments Ltd (364/05)

A Melamed Finance (Pty) Ltd v Voc Investments Ltd (364/05) [2006] ZASCA 148; 2008 (6) SA 506 (SCA) (31 May 2006)

A cheque with a patent date alteration was held not regular on its face, so the holder could not be a holder in due course under the Bills of Exchange Act.

  • Bills Of Exchange Act
  • Holder In Due Course
  • Material Alteration
  • Cheque Irregularity
  • Bills-of-exchange
  • Holder-in-due-course
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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.