South Africa Case Law

Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd (185/1991)

Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd (185/1991) [1992] ZASCA 158; 1993 (1) SA 179 (AD); [1993] 1 All SA 207 (A) (18 September 1992)

Court

Supreme Court of Appeal

Case number

185/1991

Judges

Van Heerden, Hoexter, Kumleben, Grosskopf, Krieger

The Supreme Court of Appeal held that the lease was not invalid merely because the landlord had a measure of discretion in determining components of the rent. The court distinguished between a pure potestative condition, which is invalid, and a mixed condition, which is permissible if the determination does not depend entirely on the unfettered will of one party. The appellant's discretion was limited by objective criteria: only a defined share of increased expenditure actually incurred with third parties could be recovered, and liability arose only if charges for specific listed items increa…

Source excerpt

• Lease Validity
• Certainty Of Rent
• Severability Of Contract
• Potestative Conditions

Whyte v Couto (1) (388/82)

Whyte v Couto (1) (388/82) [1985] ZASCA 81 (13 September 1985)

Court

Supreme Court of Appeal

Case number

388/82

Judges

Jansen, Joubert, Trengove, Howard, Grosskopf

Sale-of-business appeal on a suspensive lease condition. The court held the clause was valid, but the condition was not fulfilled and not fictionally fulfilled.

• Sale Of Business
• Suspensive Conditions
• Contractual Vagueness
• Potestative Conditions
• Fictional Fulfilment
• Suspensive-conditions