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South Africa Case Law

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Commercial And Corporate [2016] ZAGPJHC 199

Van der Walt v Deale (13387/2012)

Van der Walt v Deale (13387/2012) [2016] ZAGPJHC 199 (29 July 2016)

The High Court held that the buyer could cancel a sale agreement and reclaim R800,000 after a breached warranty about mortgage bonds over property.

  • Sale Of Member Interest
  • Contract Rectification
  • Misrepresentation
  • Warranty Breach
  • Repudiation
  • Damages
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Commercial And Corporate [2005] ZAWCHC 64

Maxidor (Pty) Ltd v Flexware (Pty) Ltd (A352/03)

Maxidor (Pty) Ltd v Flexware (Pty) Ltd (A352/03) [2005] ZAWCHC 64 (9 September 2005)

The High Court dismissed an appeal about rusting security gates, holding that unnotified invoice terms did not bind the buyer and that the warranty breach justified cancellation.

  • Contract Cancellation
  • Warranty Breach
  • Latent Defects
  • Restitution
  • Contract-cancellation
  • Warranty-breach
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Commercial And Corporate [1993] ZASCA 195

South African Eagle Insurance Company Ltd. v Norman Welthagen Investments (Pty) Ltd. (335/92)

South African Eagle Insurance Company Ltd. v Norman Welthagen Investments (Pty) Ltd. (335/92) [1993] ZASCA 195; 1994 (2) SA 122 (AD); (30 November 1993)

The Appellate Division held that a policy warranty broken by the insured was not a representation under section 63(3) of the Insurance Act.

  • Insurance Contracts
  • Warranty Breach
  • Statutory Interpretation
  • Risk Assessment
  • Insurance-law
  • Warranty-breach
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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.