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Auction Alliance (Pty) Ltd v Netluk Boerdery CC and Another (2011/10152) [2011] ZAGPJHC 87 (3 August 2011)
The High Court held that Auction Alliance deliberately misrepresented the property sold at auction, so exclusion clauses could not bar the respondents’ fraud defence.
Auction Alliance (Pty) Ltd v Netluk Boerdery CC and Another (2011/10152) [2011] ZAGPJHC 62 (30 June 2011)
The court found that the Applicant deliberately misrepresented material facts about the auctioned property in both advertisements and auction documents, knowing these representations were false and intending the Respondents to rely on them. The Respondents were in fact induced by these misrepresentations to bid for and purchase the property. The Applicant's reliance on exclusionary clauses was rejected, as such clauses cannot shield a party from liability for fraud. The Respondents successfully established all elements of fraudulent misrepresentation on a balance of probabilities, entitling t…
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