Van der Merwe NO and Others v Keystone Development CC and Others (70881/2017)
Van der Merwe NO and Others v Keystone Development CC and Others (70881/2017) [2019] ZAGPPHC 461 (22 August 2019)
The court found that the sale agreement contained all essential terms required by law, including the identification of the land, the purchase price, and the method for escalation and payment. The suspensive condition did not invalidate the contract but merely suspended its operation until fulfillment. As no time period for fulfillment was stipulated, the condition was to be fulfilled within a reasonable time. The applicants did not pursue cancellation based on breach or lapse of reasonable time, but rather on alleged invalidity, which the court rejected. The contract was held to be valid and…
Source excerpt
- Alienation Of Land Act
- Suspensive Conditions
- Formalities Of Contract
- Property Development Agreements
- Contract Cancellation
- Enrichment Claims