South Africa Case Law

Van Streepen & Germs (Pty) Ltd. v Government of the Republic of South Africa (113/89)

Van Streepen & Germs (Pty) Ltd. v Government of the Republic of South Africa (113/89) [1990] ZASCA 127 (1 October 1990)

Court

Supreme Court of Appeal

Case number

113/89

Judges

Joubert, Nestadt, F H Grosskopf, Nicholas, Nienaber

The court held that Variation Order 4 was a routine administrative document issued in terms of clause 3(iii) of the contract and was not intended by the respondent to function as an offer to vary the contractual basis of payment. There was no evidence of animus contrahendi or consensus between the parties to substitute fair and reasonable remuneration for the agreed rates. The appellant failed to establish, on a balance of probabilities, that VO4 constituted a contractual variation. The acceptance of VO4 by the appellant did not amount to acceptance of a new contract or variation of the payme…

Source excerpt

• Construction Contracts
• Variation Orders
• Animus Contrahendi
• Contractual Consensus
• Remuneration Basis