Cancellation for breach of contract: 10 things to know

By Siyabonga Mathe on June 3, 2020 Posted in General

Cancellation as a remedy for breach of contract is only available where the parties have incorporated a right to cancel in their contract, or where the breach is of a sufficiently serious nature to justify cancellation. The contract may expressly state that if one of the parties breaches terms of the contract or fails to … Continue reading

Cancellation of contract not justified where most of the price already paid and restitution unlikely

By Patrick Bracher (ZA) on June 6, 2018 Posted in General

The court refused to uphold cancellation of an agreement of sale for a members’ interest in a close corporation because only a total of R160 000 out of a purchase price of R4 million (96%) was outstanding and three of the appellants had been paid in full. In addition, restitution of the amount already paid was doubtful … Continue reading

Strict compliance with policy cancellation provisions is necessary

By Patrick Bracher (ZA) on February 19, 2018 Posted in Insurance

Two 2017 US cases illustrate the importance of a notice cancelling a policy complying strictly with the requirements of the policy and the law. In Las Vegas Inc v Oregon Mutual Insurance Co, the notice of cancellation became effective on a stated future date if the policyholder did not pay the premium by a required … Continue reading