Sibex Construction (SA) (Pty) Ltd v Injectaseal CC 1988 (2) SA 54

Sibex Construction (SA) (Pty) Ltd v Injectaseal CC 1988 (2) SA 54

Facts:

In the case of Sibex Construction (SA) (Pty) Ltd v Injectaseal CC 1988 (2) SA 54, the plaintiff, Sibex Construction, entered into a contract with the defendant, Injectaseal, for the supply of a waterproofing product. The key facts involve a dispute over the quality and performance of the product supplied by Injectaseal, leading to the plaintiff seeking damages for breach of contract.

Issue: The primary legal issue was whether Injectaseal breached the contract by supplying a defective and non-compliant waterproofing product, and if so, whether Sibex Construction was entitled to damages.

Rule: The legal rule established is that in a contract for the supply of goods, the seller has an obligation to deliver goods that conform to the contract, both in quality and performance.

Analysis: The court analyzed the terms of the contract, the quality of the supplied product, and whether it met the specifications outlined in the agreement. The focus was on determining whether Injectaseal failed to fulfill its contractual obligations, leading to a breach of contract.

Conclusion: The court found in favor of Sibex Construction, holding that Injectaseal breached the contract by supplying a defective and non-compliant waterproofing product. Damages were awarded to Sibex Construction based on the losses incurred as a result of the breach.