KGOPANA V MATLALA (1081/2018) [2019] ZASCA 174 (2 DECEMBER 2019)
Monday, 09 December 2019
SUMMARY ISSUE ON APPEAL The issue in this appeal is whether a text Message constituted an animo contrahendi (an offer, which upon its acceptance, could give rise to an enforceable contract). The court a quo held that it did. The Appellant, Mr. Kgopana (“Kgopana”), was granted leave to appeal to the Supreme court of Appeal (“SCA”).
- Published in 2019, Appeals, Contract Law
No Comments
Zedra Trust Company (Jersey) Ltd and another v The Hut Group Ltd [2019] EWHC 2191(Comm)(29 August 2019)
Thursday, 21 November 2019
SUMMARY AND BACKGROUND In or during May 2011, the claimants in the matter, namely Zedra Trust Company (Jersey) Limited and Oliver Nobahar-Cookson (collectively the “Claimants”) concluded a written sale and purchase agreement with The Hut Group Limited (the “Defendant”) wherein the Claimants agreed to sell their shares in Cent Ltd (the “Company”) to the Defendant
- Published in 2019, Contract Law, English Law
Eleni Shipping Limited v Transgrain Shipping BV (The Eleni P)[2019]EWHC 910 (Comm)(10 April 2019)
Wednesday, 16 October 2019
SUMMARY AND ARBITRATION AWARD This matter was an appeal from an arbitration award, over the correct interpretation of two clauses, namely clauses 49 and 101, in a charter party contract (a deed between a shipowner and a trader for the hire of a ship and the delivery of cargo)(the “Contract”). The arbitration tribunal who had
- Published in 2019, Contract Law, English Law
Standard Bank of South Africa Limited v McCrae (21128/2015) [2019] ZAGPJHC 206 (25 June 2019)
Monday, 12 August 2019
BACKGROUND AND SUMMARY On 12 November 2009, a written loan agreement had been concluded between the Applicant and of Strike Productions (Pty) Ltd (“Strike”) (the “Loan”). In terms of the Loan, an event of default would occur if Strike was liquidated. In such instance, the Standard Bank of South Africa Limited (the “Applicant”) would require
- Published in 2019, Contract Law, Contractual Capacity, News, Suretyship
Merchant West (Pty) Ltd v Cell C (Pty) Ltd (17/22900) [2019] ZAGPJHC 26 (7 February 2019)
Wednesday, 07 August 2019
BACKGROUND AND SUMMARY The application involves the interpretation of a lease agreement (“the lease agreement”) between Merchant West (Pty) Ltd (“the Applicant”) and Cell C (Pty) Ltd (“the Respondent”). The lease agreement was made up of a Master Rental Agreement (“the MRA”) concluded on 19 December 2013, a side letter dated 4 December 2013 and
- Published in News, Contract Law, interpretation
Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452 (15 March 2018)
Monday, 15 July 2019
SUMMARY A property developer obtained a loan facility from Lloyds Bank PLC (the “Claimant”) in the sum of £2,625,000.00 (the “Facility”), which figure was subsequently reduced to approximately £2,500,000.00 (the “Revised Facility Amount”) for the redevelopment of a bingo hall (the “Development”). McBains Cooper Consulting Limited (the “Defendant”) was appointed as the project monitor surveyor
- Published in 2019, Contract Law, English Law, News
Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81 (31May 2019)
Tuesday, 09 July 2019
BACKGROUND AND SUMMARY This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the SCA upheld an appeal against the decision of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”). The issue before the SCA was whether or not the suretyship covered the liabilities arising under two agreements,
- Published in 2019, Contract Law, News
Gridmark CC v Raiza Trading CC (349/18) [2019] ZASCA 18 (25 March 2019)
Monday, 24 June 2019
SUMMARY On 15 February 2013, the Appellant and the Respondent concluded a contract of purchase for the Appellant’s business, Yorkers Superette. The agreed purchase price was R850,000.00 which would be paid by the Respondent to the Appellant on the following terms: (1) R500,000.00 would be paid as a deposit within 5 days of
- Published in 2019, Contract Law, News
Trustees for the Time Being of the Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 23 (28 March 2019)
Monday, 10 June 2019
BACKGROUND As part of a black empowerment initiative by the National Empowerment Fund (“NEF”), various franchise agreements were concluded between Sales Hire CC (“Sales Hire”) and four close corporations, the members of which were former employees of Sales Hire (“Lessees”). In addition, a cooperation agreement was entered into between Sales Hire and the NEF in
- Published in 2019, Contract Law, News
SHAW & ANOTHER V MACKINTOSH & ANOTHER (267/17) [2018] ZASCA 53 (29 MARCH 2018)
Tuesday, 14 May 2019
SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”). Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness
- Published in 2019, Contract Law, News
