Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (042/07)
Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (042/07) [2007] ZASCA 162; [2007] SCA 162 (RSA); [2008] 1 All SA 529 (SCA); 2008 (3) SA 327 (SCA) (29 November 2007)
The Supreme Court of Appeal held that the cheque, accompanied by the Credit Request and Final Reconciliation, objectively constituted an offer of compromise. The respondent's deposit and retention of the proceeds, even in the attorneys' trust account and subsequent appropriation for fees, amounted to acceptance of the offer. The respondent could not impose conditions or retain the money without accepting the compromise. The appellant's attempt to stop payment after purported rejection did not negate the objective intention to compromise. The appeal was upheld, and the respondent's claim was d…
Source excerpt
- Compromise And Settlement
- Offer And Acceptance
- Payment In Full And Final Settlement
- Contractual Consensus