Hodgkinson v K2011104122 (Pty) Ltd and Another (10019/2013)
Hodgkinson v K2011104122 (Pty) Ltd and Another (10019/2013) [2019] ZAWCHC 22; [2019] 2 All SA 754 (WCC) (5 March 2019)
The court held that the plaintiff, having invoked the lex commissoria in the first notice, was bound by that election and could not subsequently rely on repudiation as a ground for cancellation. The first notice conveyed mixed messages and did not clearly communicate an invitation to repent outside the contractual cancellation procedure. The Full Bench had not finally decided the issue of repudiation, but the plaintiff's attempt to introduce it now was untenable given the prior conduct and pleadings. The claim for post-cancellation damages based on mora was also unsustainable, as the contract…
Source excerpt
- Performance Guarantee
- Repudiation
- Lex Commissoria
- Mora Damages
- Interest Liability
- Contractual Election