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South Africa Case Law

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Land And Property [2009] ZAECGHC 45

Vorster NO v Settlers Park Association (866/2009)

Vorster NO v Settlers Park Association (866/2009) [2009] ZAECGHC 45 (2 July 2009)

The High Court granted summary judgment for an estate seeking a refund under a retirement village life-right contract, rejecting an alleged oral variation.

  • Housing Development Schemes For Retired Persons Act
  • Summary Judgment
  • Contract Variation
  • Life Rights
  • Written Agreement Requirement
  • Summary-judgment
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Commercial And Corporate [2007] ZASCA 154

Cecil Nurse (Pty) Ltd v Nkola (176/2006)

Cecil Nurse (Pty) Ltd v Nkola (176/2006) [2007] ZASCA 154; [2007] SCA 154 (RSA); [2008] 1 All SA 428 (SCA); 2008 (2) SA 441 (SCA) (28 November 2007)

The Supreme Court of Appeal held that the original suretyship bound the respondent, and that no written consent proved the later limiting amendments.

  • Suretyship
  • Contractual Variation
  • Burden Of Proof
  • Written Agreement Requirement
  • Contractual-variation
  • Written-consent
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Commercial And Corporate [1987] ZASCA 141

Virginia Land and Estate Company Ltd. and Another v Virginia Central City Properties (Pty)Ltd. (168/86)

Virginia Land and Estate Company Ltd. and Another v Virginia Central City Properties (Pty)Ltd. (168/86) [1987] ZASCA 141 (27 November 1987)

The court held there was no written variation of land sale agreements, the cancellation notice substantially complied, and the exceptio doli generalis did not apply.

  • Contract Variation
  • Forfeiture Clause
  • Exceptio Doli Generalis
  • Written Agreement Requirement
  • Extension Of Time
  • Unconscionable Conduct
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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.