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South Africa decisions
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Faer SA Kitchen Cupboards (Pty) Ltd t/a Faer Furniture Technology (52746/2014) [2016] ZAGPPHC 1228 (5 December 2016)
The High Court dismissed a delict claim based on an alleged exclusive distributorship with Volpato, finding no proven exclusivity, no knowledge, and no inducement.
First Realty (Randburg) CC t/a Chas Everitt International Property Group v Hugo (2006/26060) [2009] ZAGPJHC 99 (20 October 2009)
The High Court held that the estate agent failed to prove any binding mandate, written, verbal, or tacit, to sell the defendant’s property, and dismissed the damages claim.
Eileen Louvert Real Estate (Pty) Ltd. v AFC Property Development Co (Pty) Ltd. (462/1987) [1989] ZASCA 22; [1989] 2 All SA 290 (A) (23 March 1989)
The Supreme Court of Appeal held that the written agreement between the parties conferred a sole and exclusive mandate to the appellant to sell the properties, and provided that commission would be payable even if the respondent sold the properties itself or through another agent during the mandate period. The mandate was not granted for a specific period, and the agreement did not entitle the respondent to terminate it summarily. In accordance with the general rule applicable to agreements of unspecified duration, the respondent could only terminate the agreement on reasonable notice. The re…
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