Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020) [2024] ZAGPJHC 1129 (12 July 2024)
Court
South Gauteng High Court, Johannesburg
Case number
20296/2020
Judge
Osborne AJ
High Court summary judgment granted for logistics charges after the court found the respondent had accepted the quoted costs and failed to raise a bona fide defence.
Aristopix (Pty) Ltd v TFM Manufacturing (Pty) Ltd (EL1072/2014; ECD2372/2014) [2018] ZAECELLC 7 (26 March 2018)
Court
Eastern Cape High Court, East London Local Court
Case number
EL1072/2014; ECD2372/2014
Judge
Hartle
The court dismissed a claim for damages arising from alleged late delivery and defective modification of vehicles, finding the plaintiff failed to prove its asserted contract terms.
Ward v Netbet (Pty) Ltd t/a Sportingbet South Africa (9847/2015) [2017] ZAWCHC 133 (20 November 2017)
Court
Western Cape High Court, Cape Town
Case number
9847/2015
Judge
Desai
The court found that the applicant was bound by the respondent's standard terms and conditions, which clearly limited the maximum payout to R1,000,000.00 per customer per day. The applicant had assented to these terms when opening his account and was repeatedly notified of the limits both before and after placing bets. The betting slip's indication of a higher possible payout was subject to the stated limits, and there was no conflict between the standard terms and the transaction-specific terms. The doctrines of variation, waiver, or representation did not assist the applicant, as no represe…
Cladall Roofing (Pty) Ltd v SS Profiling (Pty) Ltd (515/08) [2009] ZASCA 92; [2010] 1 All SA 114 (SCA) (14 September 2009)
Court
Supreme Court of Appeal
Case number
515/08
Judges
NAVSA, MTHIYANE, HEHER, VAN HEERDEN, WALLIS
The Supreme Court of Appeal held that clauses about defects and notice could not shield a seller where the goods delivered did not amount to contractual performance.