Strategic Environmental Focus (Pty) Ltd v GIS Global Image (Pty) Ltd (A374/2015)
Strategic Environmental Focus (Pty) Ltd v GIS Global Image (Pty) Ltd (A374/2015) [2016] ZAGPPHC 970 (24 November 2016)
The court found that clause 1.3 of the contract did not create a condition suspending the appellant's liability to pay the respondent, but rather constituted a time clause postponing payment. The respondent had rendered its services satisfactorily and was entitled to payment. The appellant's liability was not contingent upon receipt of payment from its client. The doctrine of fictional fulfilment applied, as the event stipulated in the clause (receipt of payment from the client) would not arrive due to the appellant's election not to pursue payment. Even if the interpretation was incorrect, t…
Source excerpt
- Contract Interpretation
- Contra Proferentem Rule
- Time Clause Vs Condition
- Fictional Fulfilment