South Africa Case Law

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013)

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013) [2015] ZASCA 1; 2015 (3) SA 36 (SCA); [2015] 3 All SA 150 (SCA) (27 February 2015)

Court

Supreme Court of Appeal

Case number

1075/2013

Judges

Brand, Mhlantla, Willis, Fourie, Gorven

The court held that a conveyancer’s undertaking to pay sale proceeds was given as agent for the seller and could be revoked; the appeal succeeded.

• Agency Law
• Mandate Revocation
• Undertaking By Conveyancer
• Cession Of Proceeds
• Tripartite Agreement
• Specific Performance

CAPX Finance (Pty) Ltd v Edwards and Another (A779/10)

CAPX Finance (Pty) Ltd v Edwards and Another (A779/10) [2012] ZAWCHC 84 (13 March 2012)

Court

Western Cape High Court, Cape Town

Case number

A779/10

Judges

Fortuin, Erasmus

The court held that the plaintiff's claim was based on breach of contract, specifically the undertaking by the defendants, and not on damages for negligent misrepresentation. The undertaking given by the defendants, although conditional upon the registration of transfer, fell within the definition of a credit guarantee under section 8(5) of the National Credit Act. The conditionality of the undertaking did not exclude it from the scope of the Act, as established in relevant case law. Since the principal agreement between Suntele and the plaintiff was subject to the NCA, the undertaking was al…

Source excerpt

• National Credit Act
• Credit Guarantee
• Exception Procedure
• Rectification Of Contract
• Undertaking By Conveyancer