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Specific performance and damages are different claims for prescription purposes

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on October 30, 2024

In October 2024 the Constitutional Court held that where there had been a breach of contract and the claimant initially sued for specific performance, the subsequent claim for damages had prescribed because it was not instituted within three years of the date of cancellation of the contract.

A property transaction between two individuals resulted in…

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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