This blog was co-authored with: Jason Hudson, Candidate Attorney
Platinum Property Enterprise (Pty) Ltd v Mcshane and Another
The Western Cape High Court heard an application for an interdict and specific performance relating to the sale and transfer of immovable property. The purchaser and seller concluded a sale agreement where the purchaser would pay the
Where the purchase price of imported sugar included the import duty and the purchase price had to be reduced if the duty was reduced, the persistent claim by the seller for the unreduced amount was a repudiation and led to the lawful cancellation of the sugar contract.
Payment of the sugar contract was to be
Where one party repudiates a contract, the innocent party who elects to enforce performance can change that election and cancel the contract if the defaulting party persists in the breach by continuing to show an unequivocal intention not to remedy the breach or perform the contract.
The plaintiff construction company in Primat Construction v Nelson
Parties to contracts frequently allege that the other party has repudiated the contract by expressing an intention not to be bound by its terms and cancelling the agreement as a consequence. That step must be taken with care.
The Supreme Court of Appeal in Braun Medical (Pty) Limited v Ambasaam CC pointed out that the