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South Africa Case Law

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Commercial And Corporate [2022] ZAFSHC 345

Gouveia v Decotable (Pty) Ltd (5638/2018)

Gouveia v Decotable (Pty) Ltd (5638/2018) [2022] ZAFSHC 345 (2 December 2022)

The High Court refused rectification and specific performance of a business sale, found no consensus on the asset list, and declared the contract void with restitution.

  • Rectification Of Contract
  • Specific Performance
  • Mutual Mistake
  • Misrepresentation
  • Restitution
  • Parol Evidence Rule
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Banking And Finance [2018] ZANWHC 53

Standard Bank of South Africa v Moeketsi and Another (2166/07)

Standard Bank of South Africa v Moeketsi and Another (2166/07) [2018] ZANWHC 53 (6 November 2018)

The High Court upheld Standard Bank’s claim on mortgage debt, rejected the defendants’ mutual mistake and subsidy-damages claims, and dismissed the reconvention.

  • Mortgage Bond Enforcement
  • National Credit Act Compliance
  • Primary Residence Execution
  • Mutual Mistake
  • Damages For Loss Of Subsidy
  • Costs Award
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Land And Property [2015] ZANCHC 12

Jacobs v Southey and Others (724/14)

Jacobs v Southey and Others (724/14) [2015] ZANCHC 12 (24 April 2015)

The high court dismissed an exception to a counterclaim and upheld rectification of a sale agreement to reflect the parties’ true common intention.

  • Rectification Of Contract
  • Non Variation Clause
  • Alienation Of Land Act
  • Oral Agreement
  • Mutual Mistake
  • Rectification-of-contract
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Land And Property [2009] ZAWCHC 204

Double Option Trading 197 (Pty) Ltd v Grimbeek and Another (13703/07)

Double Option Trading 197 (Pty) Ltd v Grimbeek and Another (13703/07) [2009] ZAWCHC 204 (13 August 2009)

The High Court held that a land-development contract was void ab initio because the parties were mutually mistaken about the extent of the land available.

  • Mutual Mistake
  • Impossibility Of Performance
  • Rectification
  • Voetstoots Clause
  • Contract Void Ab Initio
  • Incorporation By Reference
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Commercial And Corporate [2008] ZAFSHC 82

NVM Beliggings & Versekerings v ACT Computers (A301/2007)

NVM Beliggings & Versekerings v ACT Computers (A301/2007) [2008] ZAFSHC 82 (14 August 2008)

The High Court held that the parties were mutually mistaken about whether the antenna transaction was a sale or lease and awarded restitution to the appellant.

  • Mutual Mistake
  • Restitution
  • Ownership Of Goods
  • Contract Formation
  • Absolution From Instance
  • Mutual-mistake
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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.