Radio Network Solutions (Pty) Ltd and Another v Poynting Antennas (Pty) Ltd and Another (7715/2015)
Radio Network Solutions (Pty) Ltd and Another v Poynting Antennas (Pty) Ltd and Another (7715/2015) [2016] ZAGPPHC 227 (24 March 2016)
The court found that the plaintiffs' particulars of claim, when read as a whole, are clear and sufficiently detailed to disclose a cause of action based on breach of contract and duty of care arising from the Memorandum of Understanding. The alleged failure of the defendants to act diligently and the resulting damages are adequately pleaded, and the mechanics of what constitutes diligent action are matters for evidence. The court distinguished the cited case law, noting that the plaintiffs' claim is contractual and not based on public interest policy. The exception was dismissed as the pleadi…
Source excerpt
- Memorandum Of Understanding
- Breach Of Contract
- Transactional Expenses
- Duty Of Care
- Vague And Embarrassing Pleading