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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 1129

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020)

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020) [2024] ZAGPJHC 1129 (12 July 2024)

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.

  • Summary Judgment
  • Incorporation By Reference
  • Standard Terms And Conditions
  • Caveat Subscriptor
  • Contra Bonos Mores
  • Duty Of Care
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Commercial And Corporate [2018] ZAECELLC 7

Aristopix (Pty) Ltd v TFM Manufacturing (Pty) Ltd (EL1072/2014; ECD2372/2014)

Aristopix (Pty) Ltd v TFM Manufacturing (Pty) Ltd (EL1072/2014; ECD2372/2014) [2018] ZAECELLC 7 (26 March 2018)

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.

  • Breach Of Contract
  • Standard Terms And Conditions
  • Manufacturer Warranty
  • Onus Of Proof
  • Consequential Damages
  • Breach-of-contract
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Commercial And Corporate [2017] ZAWCHC 133

Ward v Netbet (Pty) Ltd t/a Sportingbet South Africa (9847/2015)

Ward v Netbet (Pty) Ltd t/a Sportingbet South Africa (9847/2015) [2017] ZAWCHC 133 (20 November 2017)

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…

  • Contractual Interpretation
  • Standard Terms And Conditions
  • Caveat Subscriptor
  • Jurisdictional Ouster
  • Maximum Payout Limit
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Commercial And Corporate [2009] ZASCA 92

Cladall Roofing (Pty) Ltd v SS Profiling (Pty) Ltd (515/08)

Cladall Roofing (Pty) Ltd v SS Profiling (Pty) Ltd (515/08) [2009] ZASCA 92; [2010] 1 All SA 114 (SCA) (14 September 2009)

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.

  • Contractual Performance
  • Standard Terms And Conditions
  • Remedies For Breach
  • Withholding Payment
  • Contract-law
  • Contractual-performance
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Commercial And Corporate [2002] ZASCA 25

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000)

Africa Solar (Pty) Ltd v Divwatt (Pty) Ltd (365/2000) [2002] ZASCA 25; [2002] 3 All SA 369 (A); 2002 (4) SA 681 (SCA) (28 March 2002)

The court held the seller’s standard terms were not incorporated into a solar-panel sale, so the buyer could raise non-payment and damages issues.

  • Contractual Terms Incorporation
  • Exceptio Non Adimpleti Contractus
  • Remedies For Defective Performance
  • Standard Terms And Conditions
  • Procedural Non Compliance
  • Damages Exclusion Clauses
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Commercial And Corporate [1995] ZASCA 153

LTA Mitec Ltd. v Genrec Steel Structures (Pty) Ltd. (258/94)

LTA Mitec Ltd. v Genrec Steel Structures (Pty) Ltd. (258/94) [1995] ZASCA 153 (29 November 1995)

Appeal over crane-hire liability succeeded. The court found Genrec had not proved Mitec was the hirer or that Genrec’s standard terms bound Mitec.

  • Contract Of Hire
  • Tacit Terms
  • Standard Terms And Conditions
  • Absolution From Instance
  • Contract-of-hire
  • Tacit-terms
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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.