South Africa Case Law

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019)

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019) [2020] ZASCA 146; 2021 (2) SA 137 (SCA) (13 November 2020)

Court

Supreme Court of Appeal

Case number

577/2019

Judges

Navsa, Saldulker, Makgoka, Goosen, Unterhalter

The Supreme Court of Appeal held that SANRAL could demand payment under an unconditional performance guarantee despite a pending force majeure arbitration.

• Performance Guarantee
• Fidic Contract
• Force Majeure
• Interlocutory Interdict
• Contractual Entitlement
• Risk Allocation

Price not binding after consumer informed (2013427507)

Price not binding after consumer informed (2013427507) [2013] ZACGSO 9 (22 June 2013)

Court

Consumer Goods and Services Ombud

Case number

2013427507

Judge

N Melville

A consumer bought one couch at an erroneous displayed price, but after being told of the mistake the supplier refused a second couch at that price.

• Consumer Protection Act
• Displayed Price Error
• Advertised Price
• Contract Formation
• Risk Allocation
• Consumer-protection

Imperial Truck Systems (Pty) Ltd v Fuel Logistics Group (A369/2010)

Imperial Truck Systems (Pty) Ltd v Fuel Logistics Group (A369/2010) [2011] ZAWCHC 351 (3 August 2011)

Court

Western Cape High Court, Cape Town

Case number

A369/2010

Judges

Louw, A Le Grange, ED Baartman

High Court appeal over liability for theft of leased trucks left for weekend servicing; court held the defendant was liable and dismissed the appeal.

• Breach Of Contract
• Independent Contractor Liability
• Exemption Clause
• Oral Agreement
• Negligence
• Risk Allocation

Omega Landgoed (Pty) Ltd v Fruitman (Pty) Ltd (57560/08)

Omega Landgoed (Pty) Ltd v Fruitman (Pty) Ltd (57560/08) [2010] ZAGPPHC 27 (1 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

57560/08

Judge

Legodi

The High Court held that the parties’ arrangement was an agency agreement with a minimum guaranteed price, and granted the plaintiff the unpaid balance.

• Agency Agreement
• Minimum Guaranteed Price
• Quality Claims
• Risk Allocation
• Contractual Terms
• Damages Calculation

Mutual Construction Company (TVL) (Pty) Ltd v Komati Dam Joint Venture (466/07)

Mutual Construction Company (TVL) (Pty) Ltd v Komati Dam Joint Venture (466/07) [2008] ZASCA 107; 2009 (1) SA 464 (SCA) ; [2009] 1 All SA 458 (SCA) (23 September 2008)

Court

Supreme Court of Appeal

Case number

466/07

Judges

Scott, Cameron, Lewis, Leach, Mhlantla

The Supreme Court of Appeal held that, under the contract, the operator supplied by the owner was to be under the sole and absolute control of the hirer while on site. The contract expressly allocated risk and liability for damage caused by negligence of the operator to the hirer, regardless of the operator's employment status. The indemnity clause excluded the owner from liability for acts of the operator while carrying out the hirer's instructions, amounting to an acceptance of liability by the hirer. The operator's negligence occurred on site and under the respondent's supervision and cont…

Source excerpt

• Contractual Liability
• Hire Of Movable Property
• Negligence
• Risk Allocation
• Indemnity Clause

Hamilsplit (EDMS) Bpk and Another v Erasmus and Another (4483/2005)

Hamilsplit (EDMS) Bpk and Another v Erasmus and Another (4483/2005) [2007] ZAFSHC 98 (20 September 2007)

Court

Free State High Court, Bloemfontein

Case number

4483/2005

Judge

C.H.G. van der Merwe, R

The court held that the plaintiffs failed to prove an oral amendment making the first defendant liable for commission repayments, and absolved him from the instance with costs.

• Commission Agreements
• Oral Variation Of Contract
• Risk Allocation
• Burden Of Proof
• Oral-variation-of-contract
• Non-variation-clause