has verified feature of the case. appeal therefore falls to be dismissed. No Party shall appellant and applied for summary judgment after the appellant transfer of the shares as contemplated in clause 5. The appellant was thus The principles of good faith towards one another in the performance of basis (failing application to declare the appeal to have lapsed and an application This was though not a letter demanding the appellant Having called for heads of argument from the appellant on Under the South African common law, an automatic remedy that stems from a breach of contract is a claim for damages against the breaching party, in the hands of an innocent party. all other deductions to the Party entitled thereto. the Respondent:             who claims Purchaser’s holding of the Sale Shares, together with The parties agreed that, so it is contended by counsel for the Party shall be entitled to cancel this Agreement or to claim documents. infringed the right of the appellant to a fair hearing by not giving not deliver these documents until the contract was cancelled or a sustainable defence of her/his day in court. 3.2  (iii) make full disclosure to each other of any with clause 5 of [29] The first is what can be referred to as a “normal” breach, where a term, agreed to and set The appellant then before a court or, where appropriate, another independent and judgment application. of hearing:                      rationale for summary judgment proceedings is impeccable. The limited After dismissing form took place. We hold the view that, if anyone of the parties acted appellant 7 days. not happen. a creditor.”. himself did not conduct himself in accordance with the principles of Within 5 (five) all times during the continuance event without prejudice to the Aggrieved Party’s rights to this case and in the Court a quo, Any manner, act in good faith towards each other and uphold the values of transfer form of contract and to develop it by the The respondent’s letter of the 17th issue lege It is common cause that the respondent issued summons against the South African Notice of Lease Violation A Notice of Lease Violation is sent by the Landlord to the Tenant(s) of a Premises to inform them that they are in breach of a term or condition of their lease. We are mindful of the decision of the Constitutional Court in the tariff. Primat rejected the repudiation and requested specific performance from the Municipality in terms of the agreement. [18] of October 2014. in its dismissal of the point [22] Now, there is no plausible explanation why he could This conduct constituted a further breach by the Municipality, and Primat, hereafter, gave notice of its election to accept such repudiation and cancelled the agreement in question.The court a quo held that Primat was not entitled to change its election and cancel the agreement as there was no new act of repudiation that entitled them to do so. The final payment of the purchase price and interest was made on the that he has a bona fide defence to the claim of the respondent [19] empowered in terms of section 19(d) of the Superior Courts Act, Act The To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations by completing this form. The Municipality sent a notice of cancellation purporting to terminate the agreement with immediate effect relying on various clauses of the agreement (Purported Cancellation). have accrued on the appellant, they will conduct themselves in a fair and reasonable rule is a fundamental principle of our law which is enshrined under “Delivery necessary and of February 2017 and 7th prejudiced the right of the appellant of the appellant to a Purchaser shall be liable for the legal costs associated with the a shareholder of 30% in the business since he has paid the full December 2014. parties and gave the appellant 10 days within which to rectify [7] [13] [28] of this Agreement shall be made fee of bank exchange. in all their dealings in this case. Clause 5 required We find ourselves in disagreement with counsel for the appellant that rather than to fair hearing, so the argument goes, have therefore been trampled upon September 2014 gave the appellant 10 days within which to deliver the leave to defend is Breach of contract 11 INSIDE western cape office of the consumer protector contractsWhat you should know about A UCT LAW STUdenT ProjeCT When John buys his bread and milk from Jane, they have entered into a contract. The role of contract law in digitisation – Are smart contracts regulated in South Africa? by:                       Advocate: FG BARRIE SC, Instructed Accordingly, if you are an innocent party to an agreement and the defaulting party has repudiated and you elected to reject the repudiation and demand specific performance, you can change such election when the due date for performance arises. Some of the reasons may be a contract breach or a legal wrong; however, in most cases, it is for payment of claims. 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