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South Africa Case Law

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Commercial And Corporate [2022] ZANCT 2

Nqunqa v Eerste Geluk Motors CC (NCT/131419/2019/75(1)(b))

Nqunqa v Eerste Geluk Motors CC (NCT/131419/2019/75(1)(b)) [2022] ZANCT 2 (25 January 2022)

Tribunal dismissed a consumer’s attempt to cancel a used vehicle sale, finding the proved defects were not material enough under the CPA.

  • Consumer Protection Act
  • Defective Goods
  • Right Of Cancellation
  • Burden Of Proof
  • Remedies For Defects
  • Consumer-protection-act
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Commercial And Corporate [2019] ZAGPJHC 467

Qayisa NO and Others v Alticon Group (Pty) Ltd and Others (28143/17)

Qayisa NO and Others v Alticon Group (Pty) Ltd and Others (28143/17) [2019] ZAGPJHC 467 (20 December 2019)

The court found that Daggafontein failed to pay the initial R10 million deposit by the stipulated date, which constituted a breach of the sale of land agreement. STI's notice of breach, although demanding more than was due, clearly identified the actual breach and informed Daggafontein of what was required to remedy it. The demand for R40 million was premature but did not invalidate the notice regarding the R10 million. Daggafontein remained in default and did not pay the required amount within seven days of the notice. The contractual conditions for cancellation were therefore fulfilled, and…

  • Specific Performance
  • Breach Of Contract
  • Right Of Cancellation
  • Contractual Notice Requirements
  • Repudiation
  • Derivative Actions
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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.