Class A Trading 689 (Pty) Ltd v Paton and Another (1937/2007)
Class A Trading 689 (Pty) Ltd v Paton and Another (1937/2007) [2011] ZAWCHC 569 (9 September 2011)
The court found that clause 18.1 of the sale agreement, read with the attached sketch plan, constituted either a contractual term or a material representation that the area south of Impala Road was 3,464m2. The actual area delivered was only 2,989m2, a deficiency of 475m2. The plaintiff was entitled to relief under the actio quanti minoris, which allows recovery of the difference between the price paid and the actual value of the property delivered. The court accepted evidence of subsequent offers to purchase the property as a reasonable basis for determining its value, and, adopting a conser…
Source excerpt
- Sale Of Land
- Contractual Warranty
- Aedilitian Remedies
- Quanti Minoris
- Misrepresentation
- Rectification