Kennedy v Oasys Innovations (Pty) Ltd and Another (21826/2015) [2017] ZAGPJHC 331 (19 April 2017)

Contract – Remedies on breach – Cancellation on account of
malperformance.
Burden of proof - in accordance with the general rule, he or she who asserts must prove, onus of proving cancellation ‘unlawful’ on party asserting it, in this instance the plaintiff – it is only if cancellation is unlawful that, in casu, it can amount to a repudiation of the agreement.
Breach by independent service provider of service level agreement so serious as to justify cancellation by innocent party.