South Africa Case Law

De Bruin v Firstrand Vank Limited t/a Wesbank (42493/2015)

De Bruin v Firstrand Vank Limited t/a Wesbank (42493/2015) [2017] ZAGPJHC 132 (5 May 2017)

Court

South Gauteng High Court, Johannesburg

Case number

42493/2015

Judge

F G Barrie

The court found that Mrs De Bruin was not entitled to immediate rescission of the attachment order or restoration of the vehicle, as she had only tendered payment of arrears and not effected actual payment. However, the bank's refusal to provide the necessary figures for reinstatement and its insistence on full settlement constituted a breach of its contractual and statutory obligations, amounting to mora creditoris and repudiation. The applicant's obligation to pay instalments was suspended until the bank complied by providing the requested figures. The court declared that Mrs De Bruin was e…

Source excerpt

• National Credit Act
• Default Judgment
• Rescission Of Judgment
• Reinstatement Of Credit Agreement
• Mora Creditoris

RDM Road Solutions (Pty) Ltd v Paramount Trailers CC and Another (98160/15)

RDM Road Solutions (Pty) Ltd v Paramount Trailers CC and Another (98160/15) [2016] ZAGPPHC 1171 (21 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

98160/15

Judge

Tuchten

High Court judgment on cancellation of a trailer-manufacture contract after an undisclosed change to chassis flange thickness materially weakened the trailers.

• Contract Cancellation
• Material Breach
• Restitutio In Integrum
• Variation Of Contract
• Mora Creditoris
• Contract-cancellation

Liberty Group Ltd v Shaazura Investments CC and Another (7417/09)

Liberty Group Ltd v Shaazura Investments CC and Another (7417/09) [2016] ZAKZPHC 113 (15 September 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7417/09

Judge

Moodley

The High Court held that a settlement document was in substance an acknowledgment of debt, enforceable despite Liberty’s missing signature.

• Acknowledgment Of Debt
• Contract Formation
• Suretyship
• Mora Creditoris
• Commission Recovery
• Acknowledgment-of-debt

Reliant Insurance Brokers (Pty) Ltd v Independent Freight Services (39092/09)

Reliant Insurance Brokers (Pty) Ltd v Independent Freight Services (39092/09) [2013] ZAGPJHC 264 (22 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

39092/09

Judge

Mathopo

High Court commercial contract dispute over manganese transport, containers, and alleged repudiation. The court found the plaintiff failed to perform and dismissed the claim with costs.

• Breach Of Contract
• Mora Creditoris
• Repudiation
• Onus Of Proof
• Contractual Terms
• Breach-of-contract

Martin Harris & Seuns Ovs (Edms) Bpk v Qwa Qwa Regeringsdiens, Qwa Qwa Regeringsdiens v Martin Harris & Seuns Ovs (Edms) Bpk (674/92, 676/92)

Martin Harris & Seuns Ovs (Edms) Bpk v Qwa Qwa Regeringsdiens, Qwa Qwa Regeringsdiens v Martin Harris & Seuns Ovs (Edms) Bpk (674/92, 676/92) [2000] ZASCA 7; 2000 (3) SA 339 (SCA); [2000] 2 All SA 72 (A) (23 March 2000)

Court

Supreme Court of Appeal

Case number

674/92, 676/92

Judges

Nienaber, Hefer, Harms, Marais, Mpati

An appeal over construction delays and a job-work prescription defence failed. The court held the contract’s express remedies excluded damages and the job-work claim had not prescribed.

• Construction Contracts
• Mora Creditoris
• Prescription
• Contractual Remedies
• Delay And Disruption
• Specific Performance

Boland Bank Ltd. v Pienaar and Another (356/86)

Boland Bank Ltd. v Pienaar and Another (356/86) [1988] ZASCA 50; [1988] 2 All SA 467 (A) (19 May 1988)

Court

Supreme Court of Appeal

Case number

356/86

Judges

Jansen, Smalberger, Nestadt, Vivier, Viljoen

The Supreme Court of Appeal held that the principle established in Schuurman v Davey and subsequent authorities applies to foreclosure clauses in mortgage bonds. Upon default by the mortgagor, the mortgagee acquires a right to foreclose, which is not defeated by a late tender of payment by the debtor or a third party prior to the exercise of the election to foreclose. The court found no material distinction between a lex commissoria in a contract of sale and a foreclosure clause in a bond for this purpose. The appellant was entitled to rely on the foreclosure clause and refuse the tender, and…

Source excerpt

• Foreclosure Clause
• Lex Commissoria
• Mora Creditoris
• Tender Of Payment