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South Africa Case Law

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Commercial And Corporate [2017] ZAECELLC 21

Metgovis (Pty) Ltd v Buffalo City Metropolitan Municipality (257/14)

Metgovis (Pty) Ltd v Buffalo City Metropolitan Municipality (257/14) [2017] ZAECELLC 21 (15 August 2017)

The court found a tacit month-to-month software contract and, alternatively, unjustified enrichment, awarding the plaintiff R395,021.57 plus interest and costs.

  • Software License Agreement
  • Tacit Contract
  • Unjustified Enrichment
  • Prescription Act
  • Municipal Services
  • Tacit-contract
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Commercial And Corporate [2015] ZASCA 68

Attachmate Corporation v Minister of Water and Environmental Affairs (20071/2014)

Attachmate Corporation v Minister of Water and Environmental Affairs (20071/2014) [2015] ZASCA 68 (20 May 2015)

The court held that the 'applicable license fee' in clause 11 of the license agreement refers to the fee negotiated between Attachmate and the Department, specifically the Sita discounted rate, not the list price. This interpretation avoids treating clause 11 as a penalty clause and aligns with the contractual context and the contra proferentem rule. The court further found that Attachmate's claim for maintenance fees was properly a claim for damages arising from breach of contract. Had the Department complied with its obligations, it would have paid maintenance fees for all copies, including…

  • Software License Agreement
  • Contractual Damages
  • Interpretation Of Contracts
  • Maintenance Fees
  • Contra Proferentem Rule
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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.