Blackie Swart Argitekte v Van Heerden (411/1983)
Blackie Swart Argitekte v Van Heerden (411/1983) [1985] ZASCA 107; [1986] 1 All SA 373 (A) (27 September 1985)
The Supreme Court of Appeal held that the payment of R5,040 by the respondent, although accompanied by a condition of full and final settlement, did not extinguish the appellant's claim for the full amount. The secretary who accepted the payment lacked authority to settle the dispute, and the principal (appellant) had expressly instructed its attorney to pursue the full claim. The respondent's reliance on estoppel failed due to the absence of necessary factual and legal foundation. The evidence established that the appellant had performed its contractual obligations by preparing the working d…
Source excerpt
- Professional Services Contract
- Settlement And Estoppel
- Mandate And Authority
- Payment In Full And Final Settlement