Rustenburg Platinum Mines Ltd v Breedt (284/95)
Rustenburg Platinum Mines Ltd v Breedt (284/95) [1996] ZASCA 143; 1997 (2) SA 337 (SCA); [1997] 2 All SA 69 (A); (28 November 1996)
The Supreme Court of Appeal held that clause 6(a) of the notarial session contract was intended to ensure that the respondent received market-related compensation for his mineral rights at the time of transfer, not to create an indefinite obligation for the appellant to make further payments based on future transactions. The clause must be interpreted to apply only for a reasonable time after the contract was executed. The respondent failed to allege or prove that the payments made by the appellant to other mineral rights owners in 1987 occurred within a reasonable time after the contract. Ac…
Source excerpt
- Contract Interpretation
- Mineral Rights
- Specific Performance
- Payment Mechanism
- Reasonable Time
- Novation