van Niekerk NO v van der Merwe (21032/2009)
van Niekerk NO v van der Merwe (21032/2009) [2012] ZAWCHC 349 (9 November 2012)
The court found that the defendant, an experienced businessman and contract drafter, failed to discharge the onus of proving that his actual intention did not conform to his declared intention in signing the consolidation agreement. The evidence showed that the defendant was aware, or ought to have been aware, of the suretyship clause, which was clearly presented in bold capitals immediately above the signature line. The plaintiff credibly testified that the suretyship was discussed and agreed upon, and the defendant's version was improbable and contradicted by his own conduct and testimony.…
Source excerpt
- Suretyship
- Iustus Error
- Contractual Liability
- Repayment Of Loans