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Summary CONTRACT: Case Summaries for Class Test R80,00
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Summary CONTRACT: Case Summaries for Class Test
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these contain summaries of Sweet v Ragerguhara 1978, Singh v McCarthy Retail Ltd 2000, Datacolor International v Intamarket 2001, Culverwell v Brown 1990, Benson v SA Mutual Life Assurance Society 1986, ISEP Structural Engineering v Inland Exploration 1981, Basson v Hanna 2017, BK Tooling v ...

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  • September 24, 2023
  • 14
  • 2023/2024
  • Summary

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Contract
Case Summaries

1. Sweet v Ragerguhara 1978
2. Singh v McCarthy Retail Ltd 2000
3. Datacolor International v Intamarket 2001
4. Culverwell v Brown 1990
5. Benson v SA Mutual Life Assurance Society 1986
6. ISEP Structural Engineering v Inland Exploration 1981
7. Basson v Hanna 2017
8. BK Tooling v Scope Precision Engineering 1979
9. Thoroughbred Breeders Association v Price Waterhouse Cooper 2001


Postivie Malperformance

Sweet v Ragerguhara
1978

Relevant for: positive malperformance and mora debitoris

Facts
- Sweet bought a property from Ragerguhara.
- The contract of sale stipulated that "vacant occupation" of the property will be given by a
certain date
- When this date arrived, two families were still unlawfully residing on the property.
- Sweet then sent a letter cancelling the contract
- Ragerguhara denied that Sweet had the right to cancel the contract
- Sweet then sent Ragerguhara a notice of rescission, which Ragerguhara denied was
valid

Issue
- What is the effect of the notice of rescission?
- What type of breach was it?

Outcome
- The breach is positive malperformance
- insufficient evidence had been led by both of the parties to enable the court to decide
whether Ragerguhara's breach was a material breach

- the notice of recission was not legally valid because this was clearly a case of defective
performance (and not mora) and as such, the letter of rescission could not have been




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