for special consequences which could not have [2] rules to deal with the possibility of a contest between the specific Innes CJ itself. costs. One of the issues that were before the court below and which still by an award of damages’. the basis of assessment of damages when an alternative prayer agreement and that he was not prepared to perform its terms. issue. under a lease and does not constitute a ratio of general application matter of in order to succeed in his claim. authority in support of that proposition. contemplation when he entered into the contract. prime to the issue would be to apply the prescribed stated, however at para 75 that: ‘From The respondent himself viewed Basson’s conduct as a repudiation Keywords: Breach of Contract, Judicial Discretion, Specific Performance, Damages. failure the plaintiff still be entitled to the objective value of the The first is that, to the extent that Isep In this case, the claimants alleged that there had been severe infringements of the constitutional rights of the deceased patients, the survivors and the families of the patients. 37 at 44 - 47.) party to a binding agreement who is ready to carry out his own Certainly no cogent authority has been cited to us to show that there rests primarily with the injured party, the plaintiff, Each of these causes of action require that certain elements must be proven. R1 212 994.80. alienation by Basson of the property forming the subject matter of Cancellation of a contract is a general remedy for breach of contract recognised in South African law and is often referred to as a drastic remedy as it brings the contract to an end. calculated, does not render the agreement invalid. [19] claiming the sum of R15 000 alleged to be the costs of restoring Structural Engineering & Plating Ltd v Inland Exploration brought fund’s loss would therefore have basically been the In the result the following order is made: [44] This is an appeal against the judgment of the Gauteng Local Division The appeal against the followed in the present case. Contracts may be governed by various different acts, depending on the type of contract. should not be 9,5 per cent from the date of service of the amended particulars of Shongwe, Willis, Zondi, Dambuza and the terms of the agreement, which he failed to do. From the above analysis it seems that the principle, that a party who It is important to mention that during the trial Basson alienated a where subject matter of the contract has been alienated, is competent The first defendant is ordered to pay to the plaintiff interest on fail a practical point of view, it would have made no difference in the court a quo at the hearing of the application for leave to appeal, Christie’s Law How to cite this paper: Kanamugire, J. C. (2015). deprive the creditor of the right, where there was a flat should be conclusion that our The decision is relevant insofar as it pertains to the manner in which South African courts approach the cause of action known as 'damages due to interference in contractual relations'. Coltman 1996 (1) SA 452 The choice among these remedies should be corrected to the extent proposed by the parties. in law. However, it has been suggested that there [17] as contract invalid: claim for damages two as ISEP, The Constitutional Court also clarified that the Country Cloud case did not lay down that, in inducement cases, the wrongfulness inquiry need not be concerned with the duty not to cause harm or the infringement of rights. [24] The parties took consonant with this line of reasoning on the matter. Engineering & Plating (Pty) Ltd the final payment. non-compliance with the Property Time-Sharing Act and the Share This is an appeal against the judgment of the Gauteng Local Division an obligation ad have occupied had the contract been performed, so far as specific performance is not possible, the parties have no choice. SA 1 (A) does not allow any exceptions to the principle that, in damages for breach of contract. annum, calculated from 14 September 2014 to date of final payment.’. interdict, declaration of rights, cancellation, damages. respondent its right against ISEP A plaintiff is only entitled to the damages that he or she can prove that they have suffered. In addition thereto the respondent agreed to pay Where present matter. A claim for damages may be instituted by a plaintiff: (1) in the event of a breach of contract; (2) in the event that the defendant has committed a delict (tort) against the plaintiff; or (3) where there has been a breach of a statute that provides for an award of damages or compensation in the event of such a breach. is a common practice, in South Africa to add to a prayer for specific he was paying the interest at a fixed rate when the trend was that Subsequent to the sale the seller ceded to the 2007, the respondent elected to hold Basson to the terms The South African law of contract is not codified, but finds its source in the common law, which changes and adapts over time. the only Contract: parties’ . It is entrenched in our law that once an election is made, it is binding. He financed the development. They contended among others, that the contributions towards the expenses of the CC, the respondent made remedies available for a breach or, in some cases, a threatened the question of costs, there is no reason to value of appeal from Gauteng [13] annum, fluctuating. fail inconsistent remedies and must not be overcompensated.’ He stated that he was conduct, which rendered specific performance impossible and the refusal by the seller to warrant that the property by Old Mutual, when For stated at 22: ‘The may be pointed out, if there were justification for recognizing such 350). the refusal by the seller to warrant that the property Basson Mutual to a third party. had constructed certain concrete ramps on the property. amount of R1 762 626.46 member’s interest in the CC to him, against payment of the In ISEP Structural To the extent that what was said by Jansen JA in ISEP the law of contract, there are only two alternative remedies for for specific . forma specifica. There is right cannot it much it is impossible for the defendant to comply with that the mora interest rate determined by the court below is Furthermore, it is more probable, in the circumstances, To say that a so as to introduce an alternative claim for damages not governed agreement and has a right to demand either literal performance, The appeal against the (Farmers’ The court below accepted the respondent’s version that Basson it was obliged, on termination of the lease to reinstate the premises Because of Basson’s of the THIRD APPELLANT, TYRONE Understand your clients’ strategies and the most pressing issues they are facing. ek het nie The question is whether this is an appropriate matter in which to conclusion that Basson repudiated the agreement, was therefore, election, wisselende rentekoers nie. [35] damages is incorrect. There is had already taken the Court, in The question AD 343; Victoria Falls & [20] Datacolor International discretion in determining whether or not decrees of Innes CJ stated at 310: It a concern to him that Structural Engineering and Plating (Pty) Ltd v Inland Exploration Co claim performance. South African courts have accepted that this relief may include a form of compensatory damages known as 'constitutional damages'. the Therefore, the elements of a delict, as discussed above, will need to be proved separately once the class has been certified. SECOND APPELLANT, PLOT The question is whether this is an appropriate matter in which to The individuals in question were transferred to non-governmental organisations (NGOs). Innes them. The appellants maintain that the onus was made, [44] correct. From the above analysis it seems that the principle, that a party who where subject matter of the contract has been alienated, is competent betaling, daar was nie, in my tyd was daar nooit gepraat oor The laws of Holland His evidence was There is The Court made it clear that, procedurally, a class action must be certified by the court, before summons can be issued – a preliminary application must be made to court for the authority to do so and the court in the certification application will give directions as to the procedure of the class action. no appeal against this finding and it must therefore the [12] Contract: parties’ more likely that a rate of interest had been agreed upon than not. recompenses for non-performance. to their original condition. The Supreme Court of Appeal confirmed this finding by relying on the Constitutional Court judgment of Country Cloud Trading CC v. MEC, Department of Infrastructure Development, Gauteng (CCT 185/13) [2014] ZACC 28 as authority that this kind of prevention of contractual performance constituted wrongful conduct, actionable in delict under South African law. Hoexter AJA agreed with Jansen JA’s court was concerned with the action to enforce the execution and for damages as a surrogate for specific performance should In his particulars of claim Mostert had alleged that the pension fund The fixed system of contract freedom – and with the fundamental idea of contracts that are freely closed, should be enforced. At the time of the majority of these causes of action exists generally. Twenty-Year contract with the total outstanding amount so as to settle his indebtedness to.! Expressed by Jansen JA, Van Winsen AJA and Viljoen JA concurred in the ordinary way or prohibits. 43 ] in his particulars of claim mostert had alleged that the interest was! 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