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South Africa Case Law

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Commercial And Corporate [2007] SCA 162 RSA

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…

  • Compromise And Settlement
  • Offer And Acceptance
  • Payment In Full And Final Settlement
  • Contractual Consensus
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Commercial And Corporate [1985] ZASCA 107

Blackie Swart Argitekte v Van Heerden (411/1983)

Blackie Swart Argitekte v Van Heerden (411/1983) [1985] ZASCA 107; [1986] 1 All SA 373 (A) (27 September 1985)

The Supreme Court of Appeal held that the payment of R5,040 by the respondent, although accompanied by a condition of full and final settlement, did not extinguish the appellant's claim for the full amount. The secretary who accepted the payment lacked authority to settle the dispute, and the principal (appellant) had expressly instructed its attorney to pursue the full claim. The respondent's reliance on estoppel failed due to the absence of necessary factual and legal foundation. The evidence established that the appellant had performed its contractual obligations by preparing the working d…

  • Professional Services Contract
  • Settlement And Estoppel
  • Mandate And Authority
  • Payment In Full And Final Settlement
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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.