Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017) [2020] ZAGPJHC 50 (17 January 2020)

BACKGROUND The First and Fourth Defendants entered into a service level agreement (“SLA”), in terms of which the Fourth Defendant was to render certain services to the First Defendant. The Fourth Defendant would present invoices to the First Defendant for payment for services rendered. On 14 March 2012, 26 June 2012 and 13 June 2013,
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SPOLIATION – TERMINATION OF ABILITY TO PURCHASE PRE-PAID ELECTRICITY

SUMMARY The present case is an application based on the mandament van spolie to restore the supply of water and electricity services which were restricted by a Home Owners Association due to arrear levies on the account. Gert van Rooyen (the Applicant) leased a property within an estate. The owner of the property was a
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INNOVENT RENTAL & ASSET MANAGEMENT SOLUTIONS (PTY) LTD v TRANSET SOC LTD (917/2018) [2019] ZASCA 106 (5 SEPTEMBER 2019)

SUMMARY On or about 17 February 2005, Innovent Rental & Asset Management Solutions (PTY) Ltd (“the Appellant”), a company that finances the acquisition and leasing of equipment, entered into a Master Rental Agreement (“MRA”) with Transnet SOC LTD (“the Respondent”), under which it would acquire equipment in accordance with the specifications of the Respondent, and
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Impossible? The Contractual Defense of Impossibility of Performance

Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might be when one considers that the essentialia of a valid contract are (or ought to be) based on the assumption that the contractual obligations undertaken are physically possible to
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Vincorp (Pty) Ltd v Trust Hungary ZRT (0612017) [2018] ZASCA 35 (27 March 2018)

INTRODUCTION & BACKGROUND This matter deals with whether there were a series of agreements for the sale of wine barrels between the parties namely, Vincorp (Pty) Ltd (“the Appellant”) and a Hungarian company, Trust Hungary ZRT (“the Respondent”). In particular, whether there existed the requisite animus contrahendi in respect of both parties. The Respondent, alleging
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Standard Bank of South Africa Ltd v Swanepoel NO 2015 (5) SA 77 (SCA)

SUMMARY This case is an appeal from the decision that was made by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether a duly registered trust can be named a party to a contract, concluded by the sole trustee on its behalf. If not, then the Respondent, Gerhardus Joshua
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Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
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