AC Controls (Pvt) Ltd. v SABLE Chemicals Industries Ltd. (HC 625 of 2014; HH 77 of 2017) [2017] ZWHHC 77 (8 February 2017)

AC Controls (Pvt) Ltd. v SABLE Chemicals Industries Ltd. (HC 625 of 2014; HH 77 of 2017) [2017] ZWHHC 77 (8 February 2017)

No valid and binding contract was concluded because the defendant withdrew its offer before the plaintiff communicated acceptance; thus, the plaintiff's claim for payment fails.

Source-derived case information.

Citation
[2017] ZWHHC 77
Parties
Plaintiff: AC Controls (Private) Limited; Defendant: Sable Chemicals Industries Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 February 2017
Case Number
HC 625 of 2014 ; HH 77 of 2017
Procedural Posture
Civil Trial / Judgment
Outcome
plaintiff's claim dismissed
Legal Topics
Formation of Contract, Offer and Acceptance, Withdrawal of Offer, Specific Performance, Sale of Goods
Source Language
english
Contract Law Formation of Contract Offer and Acceptance Withdrawal of Offer Specific Performance Sale of Goods

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AC Controls (Private) Limited

Plaintiff

Sable Chemicals Industries Ltd

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether a valid agreement came into place
  2. 2 Whether the agreement was concluded by the defendants
  3. 3 Whether delivery by plaintiff was done in terms of the cancelled order

Ratio Decidendi

No valid and binding contract was concluded because the defendant withdrew its offer before the plaintiff communicated acceptance; thus, the plaintiff's claim for payment fails.

Court Disposition

plaintiff's claim dismissed

Orders

  • Plaintiff’s claim is dismissed
  • Plaintiff to pay defendant’s costs