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South Africa Case Law

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Commercial And Corporate [2025] ZASCA 18

Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd (61/2024)

Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd (61/2024) [2025] ZASCA 18 (13 March 2025)

The SCA held that a nominee shareholders agreement could not stand alone where it was inextricably linked to an uncompleted joint venture agreement.

  • Joint Venture Agreement
  • Contract Formation
  • Nominee Shareholders Agreement
  • Offer And Acceptance
  • Enforceability Of Contracts
  • Revocation Of Offer
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Commercial And Corporate [2006] SCA 14 (RSA)

Oos Vrystaat Kaap Bedryf Bpk. v Van Aswegen (054/05)

Oos Vrystaat Kaap Bedryf Bpk. v Van Aswegen (054/05) [2006] ZASCA 13; [2006] SCA 14 (RSA) (17 March 2006)

The Supreme Court of Appeal held that the clause in the contract did not constitute an irrevocable offer to sell maize at the stipulated price for 14 days. The clause merely allowed the purchaser to accept the offer within 14 days, but did not expressly or impliedly bind the seller to keep the offer open and not revoke it during that period. The purpose of the 14-day period was to provide the purchaser with an opportunity to consider the offer, but the seller retained the right to withdraw the offer before acceptance. The court found no evidence of a unilateral declaration of irrevocability,…

  • Contract Interpretation
  • Revocation Of Offer
  • Irrevocable Offer
  • Contra Proferentem
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Commercial And Corporate [2004] ZAFSHC 141

Oos Vrystaat Kaap Bedryf Beperk v Van Aswagwen (3016/2003)

Oos Vrystaat Kaap Bedryf Beperk v Van Aswagwen (3016/2003) [2004] ZAFSHC 141; 2005 (4) SA 417 (O) (9 September 2004)

The court found that the plaintiff failed to prove, on a balance of probabilities, that the contract document constituted an irrevocable offer for 14 days or that an option contract was concluded. The wording of clause 21 did not amount to an offer to keep the offer open, but rather set a period for acceptance. The defendant's husband, Mr Van Aswegen, was found to have had authority to sign the contract document on her behalf, either expressly or tacitly, but the offer was revoked before acceptance. The revocation was communicated to the plaintiff's representative, Mr Steyn, prior to the plai…

  • Contract Formation
  • Authority Of Agent
  • Offer And Acceptance
  • Revocation Of Offer
  • Option Contracts
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.