Esheria South Africa Case Law
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South Africa Case Law

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Commercial And Corporate [2021] ZASCA 3

Municipality of Mhlontlo v TDH Tsolo Junction (1086/2019)

Municipality of Mhlontlo v TDH Tsolo Junction (1086/2019) [2021] ZASCA 3 (7 January 2021)

Court
Supreme Court of Appeal
Case number
1086/2019
Judges
Van der Merwe, Mocumie, Plasket, Ledwaba, Matojane

The Supreme Court of Appeal held that a preliminary appointment letter was not incorporated into the final contract, so no suspensive condition defeated the claim.

  • Contract Formation
  • Suspensive Conditions
  • Parol Evidence Rule
  • Damages For Breach
  • Sole Memorial Clause
  • Contract-formation
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Civil Procedure [2010] ZAECGHC 20

Anderson v Batley (3095/09)

Anderson v Batley (3095/09) [2010] ZAECGHC 20 (12 March 2010)

Court
Eastern Cape High Court, Grahamstown
Case number
3095/09
Judge
Plasket

The court refused leave to amend particulars of claim because the proposed pleading conflicted with a sole memorial clause and remained excipiable.

  • Amendment Of Pleadings
  • Excipiable Pleading
  • Sole Memorial Clause
  • Non Variation Clause
  • Damages Claim
  • Breach Of Contract
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.