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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).

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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301

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https://www.supremecourtofappeal.org.za/

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1 judgment

Citation	Judgment date
February 2008
Swart v Janse van Rensburg and Another (688/2006) [2008] ZASCA 2 (29 February 2008) Buyer’s repudiation and common‑mistake defences failed; R60,000 contractual cancellation sum enforceable and appeal dismissed with costs. Sale of immovable property; alleged repudiation by removal of fixtures — no deliberate, unequivocal intention not to be bound; stipulated cancellation sum (liquidated/delayed damages) enforceable as genuine pre‑estimate not a penalty; common mistake — contract not void where immediate parties did not treat it as void; plaintiff bound by pleaded case — cannot raise novel defence on appeal.	29 February 2008

Citation

Judgment date

February 2008

Swart v Janse van Rensburg and Another (688/2006) [2008] ZASCA 2 (29 February 2008)

Buyer’s repudiation and common‑mistake defences failed; R60,000 contractual cancellation sum enforceable and appeal dismissed with costs.

Sale of immovable property; alleged repudiation by removal of fixtures — no deliberate, unequivocal intention not to be bound; stipulated cancellation sum (liquidated/delayed damages) enforceable as genuine pre‑estimate not a penalty; common mistake — contract not void where immediate parties did not treat it as void; plaintiff bound by pleaded case — cannot raise novel defence on appeal.

29 February 2008