Blesbok Eiendomsagentskap v Contamessa 1991 (2) SA 717 (T)

Blesbok Eiendomsagentskap v Contamessa 1991 (2) SA 717 (T)

Issue: Whether an estate agent is entitled to commission, even if the sale of the property is not concluded due to the fault of the seller.

Facts:

Blesbok Eiendomsagentskap (Blesbok) was an estate agent. Contamessa (the seller) was the owner of a property. Blesbok entered into a contract with the seller to market and sell the seller's property. The contract provided that Blesbok would be entitled to a commission of 5% of the purchase price of the property if the property was sold through Blesbok's efforts.

Blesbok found a buyer for the seller's property. The seller and the buyer entered into a contract for the sale of the property. However, the seller subsequently breached the contract of sale by refusing to transfer the property to the buyer.

The buyer then sued the seller for breach of contract and was awarded damages. Blesbok then sued the seller for commission. The seller argued that Blesbok was not entitled to commission because the sale of the property was not concluded due to the fault of the seller.

Held:

The Transvaal Provincial Division held that Blesbok was entitled to commission. The Court reasoned that Blesbok had fulfilled its contractual obligations by finding a buyer for the seller's property. The Court also reasoned that the seller's breach of the contract of sale should not deprive Blesbok of its commission.

Key Facts:

• An estate agent entered into a contract with a seller to market and sell the seller's property. The contract provided that the estate agent would be entitled to a commission of 5% of the purchase price of the property if the property was sold through the estate agent's efforts.
• The estate agent found a buyer for the seller's property and the seller and the buyer entered into a contract for the sale of the property. However, the seller subsequently breached the contract of sale by refusing to transfer the property to the buyer.
• The estate agent then sued the seller for commission.

Reasons:

The Court held that the estate agent was entitled to commission because it had fulfilled its contractual obligations by finding a buyer for the seller's property. The Court also reasoned that the seller's breach of the contract of sale should not deprive the estate agent of its commission.

Conclusion:

The Court's decision in Blesbok Eiendomsagentskap v Contamessa 1991 (2) SA 717 (T) is a significant case in South African law. The Court's decision clarifies the law relating to the right of estate agents to commission, even if the sale of the property is not concluded due to the fault of the seller.

Smit v Workmen’s Compensation Commissioner 1979 (1) SA 51 (A)

Smit v Workmen’s Compensation Commissioner 1979 (1) SA 51 (A)

Issue: Whether a worker who is injured in the course of his employment is entitled to workmen's compensation, even if he was injured as a result of his own negligence.

Facts:

Smit was a worker who was employed by a construction company. One day, Smit was working on a construction site when he fell from a ladder and injured himself. Smit's injury was caused by his own negligence. Smit then applied for workmen's compensation.

The Workmen's Compensation Commissioner refused to award Smit workmen's compensation on the ground that Smit's injury was caused by his own negligence. Smit then appealed to the Supreme Court of Appeal.

Held:

The Supreme Court of Appeal held that Smit was entitled to workmen's compensation, even though his injury was caused by his own negligence.

The Court reasoned that the purpose of the Workmen's Compensation Act is to provide compensation to workers who are injured in the course of their employment, regardless of the cause of their injury. The Court held that the Act does not distinguish between injuries caused by the negligence of the worker and injuries caused by the negligence of the employer.

The Court also held that the worker's negligence is not a bar to workmen's compensation unless the worker's negligence was so gross that it amounted to wilful misconduct. The Court held that Smit's negligence did not amount to wilful misconduct.

Key Facts:

• A worker was injured in the course of his employment as a result of his own negligence.
• The Workmen's Compensation Commissioner refused to award the worker workmen's compensation on the ground that the worker's injury was caused by his own negligence.
• The worker appealed to the Supreme Court of Appeal.

Reasons:

The Supreme Court of Appeal held that the worker was entitled to workmen's compensation, even though his injury was caused by his own negligence. The Court reasoned that the purpose of the Workmen's Compensation Act is to provide compensation to workers who are injured in the course of their employment, regardless of the cause of their injury. The Court also held that the worker's negligence is not a bar to workmen's compensation unless the worker's negligence was so gross that it amounted to wilful misconduct.

Conclusion:

The Supreme Court of Appeal's decision in Smit v Workmen’s Compensation Commissioner 1979 (1) SA 51 (A) is a significant case in South African law. The Court's decision clarifies the law relating to the right of workers to workmen's compensation, even if their injury was caused by their own negligence.

Commentary:

The decision in Smit v Workmen’s Compensation Commissioner 1979 (1) SA 51 (A) has been criticized by some legal commentators, who argue that it is unfair to allow workers to claim workmen's compensation even if their injury was caused by their own negligence. However, the decision is still good law in South Africa.

The decision is also significant because it demonstrates the willingness of the South African courts to protect the interests of workers. The Court's decision ensures that workers who are injured in the course of their employment are able to receive compensation, even if their injury was caused by their own negligence.

BK Tooling (Edms) Bpk v Scope Precision (Edms) Bpk 1978 (1) SA 391 (A)

BK Tooling (Edms) Bpk v Scope Precision (Edms) Bpk 1978 (1) SA 391 (A)

Issue: Whether a creditor who has been prevented from performing fully his obligations by the failure of the debtor's necessary cooperation is entitled to claim performance by the debtor, but that his claim will be subject to a reduction by the costs saved by the creditor in not having to perform fully his own obligation.

Facts:

BK Tooling (Edms) Bpk (BK Tooling) and Scope Precision (Edms) Bpk (Scope Precision) entered into a contract for the supply of two sets of precision blocks by BK Tooling to Scope Precision. The contract provided that the two sets of blocks were to be delivered and paid for separately.

BK Tooling delivered the first set of blocks to Scope Precision. However, Scope Precision rejected the first set of blocks on the ground that they were defective. BK Tooling then offered to supply Scope Precision with a replacement set of blocks.

Scope Precision agreed to accept the replacement set of blocks. However, before BK Tooling could deliver the replacement set of blocks to Scope Precision, Scope Precision cancelled the contract. BK Tooling then sued Scope Precision for breach of contract.

Held:

The Appellate Division held that BK Tooling was entitled to claim performance from Scope Precision, but that its claim would be subject to a reduction by the costs saved by BK Tooling in not having to perform fully its own obligation.

The Court reasoned that the contract between BK Tooling and Scope Precision was a reciprocal contract. In a reciprocal contract, the obligations of the parties are mutually dependent. This means that one party is not obliged to perform its obligations unless the other party has performed its obligations.

However, the Court also reasoned that the principle of reciprocity is not absolute. In some circumstances, a party may be entitled to claim performance from the other party, even though the party has not fully performed its own obligations. This is known as the exceptio non-adimpleti contractus.

The Court held that the exceptio non-adimpleti contractus applied in this case. BK Tooling had been prevented from fully performing its obligations by the failure of Scope Precision's necessary cooperation. Scope Precision had refused to accept the first set of blocks and had then cancelled the contract before BK Tooling could deliver the replacement set of blocks.

The Court therefore held that BK Tooling was entitled to claim performance from Scope Precision. However, the Court also held that BK Tooling's claim would be subject to a reduction by the costs saved by BK Tooling in not having to perform fully its own obligation. This is because BK Tooling did not have to deliver the replacement set of blocks to Scope Precision as a result of Scope Precision's cancellation of the contract.

Key Facts:

• A company entered into a contract to supply two sets of precision blocks to another company. The contract provided that the two sets of blocks were to be delivered and paid for separately.
• The company delivered the first set of blocks to the other company. However, the other company rejected the first set of blocks on the ground that they were defective.
• The company then offered to supply the other company with a replacement set of blocks.
• The other company agreed to accept the replacement set of blocks. However, before the company could deliver the replacement set of blocks to the other company, the other company cancelled the contract.
• The company then sued the other company for breach of contract.

Reasons:

The Court held that the company was entitled to claim performance from the other company, but that its claim would be subject to a reduction by the costs saved by the company in not having to perform fully its own obligation.

The Court reasoned that the contract between the company and the other company was a reciprocal contract. In a reciprocal contract, the obligations of the parties are mutually dependent. This means that one party is not obliged to perform its obligations unless the other party has performed its obligations.

However, the Court also reasoned that the principle of reciprocity is not absolute. In some circumstances, a party may be entitled to claim performance from the other party, even though the party has not fully performed its own obligations. This is known as the exceptio non-adimpleti contractus.

The Court held that the exceptio non-adimpleti contractus applied in this case. The company had been prevented from fully performing its obligations by the failure of the other company's necessary cooperation. The other company had refused to accept the first set of blocks and had then cancelled the contract before the company could deliver the replacement set of blocks.

Van Niekerk v Van den Berg 1965 (2) SA 525 (O)

Van Niekerk v Van den Berg 1965 (2) SA 525 (O)

Issue: Whether a person who has made a payment to another person under a mistake of fact is entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Facts:

Van Niekerk (the plaintiff) and Van den Berg (the defendant) were farmers. They were also neighbours.

The plaintiff mistakenly believed that a certain fence was on his property. The defendant knew that the fence was not on the plaintiff's property, but he did not tell the plaintiff.

The plaintiff then built a new fence on what he believed to be his property line. The new fence encroached on the defendant's property.

The defendant discovered the encroachment and demanded that the plaintiff remove the new fence. The plaintiff refused to remove the new fence.

The defendant then sued the plaintiff for the removal of the new fence and for damages. The plaintiff argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of fact.

Held:

The Orange Free State Provincial Division held that the plaintiff was liable to remove the new fence and to pay damages for the encroachment. The Court reasoned that a person who has made a payment to another person under a mistake of fact is not entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

The Court distinguished this case from the case of United Building Society v Smookler’s Trustees 1906 TS 623, where the Court had held that a person who has made a payment to another person under a mistake of fact is entitled to recover the payment. The Court reasoned that the case of United Building Society v Smookler’s Trustees 1906 TS 623 was an exceptional case and that the general rule is that a person who has made a payment to another person under a mistake of fact is not entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Key Facts:

• A farmer mistakenly believed that a certain fence was on his property and built a new fence on what he believed to be his property line. The new fence encroached on his neighbour's property.
• The neighbour discovered the encroachment and demanded that the farmer remove the new fence. The farmer refused to remove the new fence.
• The neighbour sued the farmer for the removal of the new fence and for damages. The farmer argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of fact.

Reasons:

The Court held that the farmer was liable to remove the new fence and to pay damages for the encroachment because a person who has made a payment to another person under a mistake of fact is not entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Conclusion:

The Court's decision in Van Niekerk v Van den Berg 1965 (2) SA 525 (O) is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of fact.

United Building Society v Smookler’s Trustees 1906 TS 623

United Building Society v Smookler’s Trustees 1906 TS 623

Issue: Whether a person who has made a payment to another person under a mistake of fact is entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Facts:

Smookler (the debtor) was indebted to the United Building Society (the creditor) in the sum of £100. Smookler's trustees mistakenly believed that Smookler owed the creditor £200. The trustees paid the creditor £200.

The trustees later discovered their mistake and demanded that the creditor return the extra £100. The creditor refused to return the money, arguing that it had changed its position in reliance on the payment. The creditor had used the extra £100 to pay off a debt that it owed to another person.

The trustees then sued the creditor for the return of the extra £100.

Held:

The Transvaal Supreme Court held that the trustees were entitled to recover the extra £100 from the creditor. The Court reasoned that a person who has made a payment to another person under a mistake of fact is entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

The Court distinguished this case from the case of Gazide v Nelspruit Town Council 1949 (4) SA 48 (T), where the Court had held that a person who has made a payment to another person under a mistake of law is not entitled to recover the payment. The Court reasoned that a mistake of law is different from a mistake of fact. A mistake of law is a mistake about the law, while a mistake of fact is a mistake about the actual circumstances of a situation.

Key Facts:

• A debtor's trustees mistakenly believed that the debtor owed a creditor £200 and paid the creditor £200.
• The trustees later discovered their mistake and demanded that the creditor return the extra £100.
• The creditor refused to return the money, arguing that it had changed its position in reliance on the payment.
• The trustees sued the creditor for the return of the extra £100.

Reasons:

The Court held that the trustees were entitled to recover the extra £100 from the creditor because a person who has made a payment to another person under a mistake of fact is entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Conclusion:

The Court's decision in United Building Society v Smookler’s Trustees 1906 TS 623 is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of fact.

Gazide v Nelspruit Town Council 1949 (4) SA 48 (T)

Gazide v Nelspruit Town Council 1949 (4) SA 48 (T)

Issue: Whether a person who has made a payment to another person under a mistake of law is entitled to recover the payment.

Facts:

Gazide (plaintiff) was a farmer. Nelspruit Town Council (defendant) was a local authority.

The plaintiff mistakenly believed that he was liable to pay a certain amount of money in property taxes to the defendant. The plaintiff paid the defendant the amount of money he mistakenly believed he owed in property taxes.

The plaintiff later discovered that he was not liable to pay the defendant any property taxes. The plaintiff then demanded that the defendant return the money he had paid in property taxes. The defendant refused to return the money.

The plaintiff then sued the defendant for the return of the money he had paid in property taxes.

Held:

The Transvaal Provincial Division held that the plaintiff was not entitled to recover the money he had paid in property taxes. The Court reasoned that a person who has made a payment to another person under a mistake of law is not entitled to recover the payment.

Key Facts:

• A farmer mistakenly believed that he was liable to pay a certain amount of money in property taxes to a local authority.
• The farmer paid the local authority the amount of money he mistakenly believed he owed in property taxes.
• The farmer later discovered that he was not liable to pay the local authority any property taxes.
• The farmer demanded that the local authority return the money he had paid in property taxes.
• The local authority refused to return the money.
• The farmer sued the local authority for the return of the money he had paid in property taxes.

Reasons:

The Court held that the farmer was not entitled to recover the money he had paid in property taxes because a person who has made a payment to another person under a mistake of law is not entitled to recover the payment.

Conclusion:

The Court's decision in Gazide v Nelspruit Town Council 1949 (4) SA 48 (T) is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of law.

Beetge v Drenha Investments (Pty) Ltd 1964 (4) SA 62 (W)

Beetge v Drenha Investments (Pty) Ltd 1964 (4) SA 62 (W)

Issue: Whether a person who has made a payment to another person under a mistake of law is entitled to recover the payment, if the other person has changed their position in reliance on the payment.

Facts:

Beetge (plaintiff) and Drenha Investments (Pty) Ltd (defendant) were neighbours in Johannesburg. The boundary between their properties was a fence.

The plaintiff mistakenly believed that the fence was on his property. The defendant knew that the fence was not on the plaintiff's property, but he did not tell the plaintiff.

The plaintiff then built a new fence on what he believed to be his property line. The new fence encroached on the defendant's property.

The defendant discovered the encroachment and demanded that the plaintiff remove the new fence. The plaintiff refused to remove the new fence.

The defendant then sued the plaintiff for the removal of the new fence and for damages. The plaintiff argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of law.

Held:

The Witwatersrand Provincial Division held that the plaintiff was liable to remove the new fence and to pay damages for the encroachment. The Court reasoned that a person who has made a payment to another person under a mistake of law is not entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Key Facts:

• A person mistakenly believed that a fence was on his property and built a new fence on what he believed to be his property line. The new fence encroached on the property of his neighbour.
• The neighbour discovered the encroachment and demanded that the person remove the new fence. The person refused to remove the new fence.
• The neighbour sued the person for the removal of the new fence and for damages. The person argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of law.

Reasons:

The Court held that the person was liable to remove the new fence and to pay damages for the encroachment because a person who has made a payment to another person under a mistake of law is not entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Conclusion:

The Court's decision in Beetge v Drenha Investments (Pty) Ltd 1964 (4) SA 62 (W) is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of law, even if the other person has changed their position in reliance on the payment.

Assurity Private Ltd v Truck Sales Ltd 1960 (2) SA 686 (SR)

Assurity Private Ltd v Truck Sales Ltd 1960 (2) SA 686 (SR)

Issue: Whether a person who has made a part payment on a contract is entitled to recover the part payment if the other person subsequently breaches the contract.

Facts:

Assurity Private Ltd (Assurity) entered into a contract with Truck Sales Ltd (Truck Sales) to purchase a truck from Truck Sales. The contract provided that Assurity would pay Truck Sales a deposit and then pay the balance of the price in installments.

Assurity paid Truck Sales a deposit. However, before Truck Sales had delivered the truck to Assurity, Truck Sales sold the truck to another person.

Assurity then sued Truck Sales for the return of the deposit. Truck Sales argued that Assurity was not entitled to recover the deposit because Assurity had breached the contract by failing to pay the balance of the price.

Held:

The Southern Rhodesia High Court held that Assurity was entitled to recover the deposit from Truck Sales. The Court reasoned that Truck Sales had breached the contract by failing to deliver the truck to Assurity and that Assurity was therefore entitled to recover the part payment it had made on the contract.

Key Facts:

• A company entered into a contract to purchase a truck from another company.
• The contract provided that the company would pay a deposit and then pay the balance of the price in installments.
• The company paid the deposit. However, before the other company had delivered the truck to the company, the other company sold the truck to another person.
• The company then sued the other company for the return of the deposit.
• The other company argued that the company was not entitled to recover the deposit because the company had breached the contract by failing to pay the balance of the price.

Reasons:

The Court held that the company was entitled to recover the deposit from the other company because the other company had breached the contract by failing to deliver the truck to the company and that the company was therefore entitled to recover the part payment it had made on the contract.

Conclusion:

The Court's decision in Assurity Private Ltd v Truck Sales Ltd 1960 (2) SA 686 (SR) is a significant case in Zimbabwean law. The Court's decision clarifies the law relating to the right of a person to recover a part payment they have made on a contract if the other person subsequently breaches the contract.

Urtel v Jacobs 1920 CPD 487

Urtel v Jacobs 1920 CPD 487

Issue: Whether a person who has made a payment to another person under a mistake of law is entitled to recover the payment.

Facts:

Urtel (plaintiff) and Jacobs (defendant) were neighbours in Cape Town. The boundary between their properties was a fence.

The plaintiff mistakenly believed that the fence was on his property. The defendant knew that the fence was not on the plaintiff's property, but he did not tell the plaintiff.

The plaintiff then built a new fence on what he believed to be his property line. The new fence encroached on the defendant's property.

The defendant discovered the encroachment and demanded that the plaintiff remove the new fence. The plaintiff refused to remove the new fence.

The defendant then sued the plaintiff for the removal of the new fence. The defendant also claimed damages for the encroachment.

The plaintiff argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of law.

Held:

The Cape Provincial Division held that the plaintiff was liable to remove the new fence and to pay damages for the encroachment. The Court reasoned that a person who has made a payment to another person under a mistake of law is not entitled to recover the payment.

Key Facts:

• A person mistakenly believed that a fence was on his property and built a new fence on what he believed to be his property line. The new fence encroached on the property of his neighbour.
• The neighbour discovered the encroachment and demanded that the person remove the new fence. The person refused to remove the new fence.
• The neighbour sued the person for the removal of the new fence and for damages. The person argued that he was not liable to remove the new fence or to pay damages because he had made the encroachment under a mistake of law.

Reasons:

The Court held that the person was liable to remove the new fence and to pay damages for the encroachment because a person who has made a payment to another person under a mistake of law is not entitled to recover the payment.

Conclusion:

The Court's decision in Urtel v Jacobs 1920 CPD 487 is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of law.

Syfrets Participation Bond Managers Bpk v Estate and Cooperative Wine Distributors (Edms) Bpk 1989 (1) SA 106 (W)

Syfrets Participation Bond Managers Bpk v Estate and Cooperative Wine Distributors (Edms) Bpk 1989 (1) SA 106 (W)

Issue: Whether a person who has made a payment to another person under a mistake of fact is entitled to recover the payment, even if the other person has changed their position in reliance on the payment.

Facts:

Syfrets Participation Bond Managers Bpk (Syfrets) was a company that managed participation bonds. Estate and Cooperative Wine Distributors (Edms) Bpk (Wine Distributors) was a company that sold wine.

Syfrets had a participation bond with Wine Distributors. The participation bond provided that Syfrets would pay Wine Distributors a certain amount of money each month.

One month, Syfrets mistakenly paid Wine Distributors too much money. Wine Distributors accepted the overpayment and deposited it into its bank account.

Syfrets discovered the overpayment and demanded that Wine Distributors return the money. Wine Distributors refused to return the money, arguing that it had changed its position in reliance on the overpayment.

Syfrets then sued Wine Distributors for the return of the overpayment.

Held:

The Witwatersrand Provincial Division held that Syfrets was entitled to recover the overpayment from Wine Distributors. The Court reasoned that Syfrets had made the overpayment under a mistake of fact and that it was therefore entitled to recover the overpayment, even though Wine Distributors had changed its position in reliance on the overpayment.

Key Facts:

• A company that managed participation bonds made a payment to another company under a mistake of fact.
• The other company accepted the overpayment and deposited it into its bank account.
• The first company discovered the overpayment and demanded that the other company return the money.
• The other company refused to return the money, arguing that it had changed its position in reliance on the overpayment.
• The first company then sued the other company for the return of the overpayment.

Reasons:

The Court held that the first company was entitled to recover the overpayment from the other company because the first company had made the overpayment under a mistake of fact and that it was therefore entitled to recover the overpayment, even though the other company had changed its position in reliance on the overpayment.

Conclusion:

The Court's decision in Syfrets Participation Bond Managers Bpk v Estate and Cooperative Wine Distributors (Edms) Bpk 1989 (1) SA 106 (W) is a significant case in South African law. The Court's decision clarifies the law relating to the right of a person to recover a payment they have made under a mistake of fact.

Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z)

Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z)

Issue: Whether a person who has made a part payment of a debt is entitled to recover the part payment if the other person subsequently breaches the contract.

Facts:

Quarrying Enterprises (Pvt) Ltd (Quarrying Enterprises) entered into a contract with John Viol (Pvt) Ltd (Viol) to supply Viol with a certain quantity of stone. The contract provided that Quarrying Enterprises would deliver the stone to Viol's premises at a certain price per ton.

Quarrying Enterprises delivered a portion of the stone to Viol's premises and Viol paid Quarrying Enterprises a portion of the price. However, Viol subsequently breached the contract by refusing to accept delivery of the remaining stone.

Quarrying Enterprises then sued Viol for the balance of the price of the stone. Viol claimed to be entitled to set off the part payment he had made to Quarrying Enterprises against the balance of the price.

Held:

The Zimbabwe Supreme Court held that Viol was entitled to set off the part payment he had made to Quarrying Enterprises against the balance of the price. The Court reasoned that Viol had made the part payment in part performance of the contract and that he was entitled to recover the part payment because Quarrying Enterprises had breached the contract.

Key Facts:

• A company entered into a contract with another company to supply the other company with a certain quantity of stone.
• The contract provided that the company would deliver the stone to the other company's premises at a certain price per ton.
• The company delivered a portion of the stone to the other company's premises and the other company paid the company a portion of the price.
• However, the other company subsequently breached the contract by refusing to accept delivery of the remaining stone.
• The company then sued the other company for the balance of the price of the stone.
• The other company claimed to be entitled to set off the part payment it had made to the company against the balance of the price.

Reasons:

The Court held that the other company was entitled to set off the part payment it had made to the company against the balance of the price because the other company had made the part payment in part performance of the contract and that it was entitled to recover the part payment because the company had breached the contract.

Conclusion:

The Court's decision in Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z) is a significant case in Zimbabwean law. The Court's decision clarifies the law relating to the right of a person to recover a part payment they have made if the other person subsequently breaches the contract.

Palaborwa Mining Co Ltd v Coetzer 1993 (3) SA 306 (T)

Palaborwa Mining Co Ltd v Coetzer 1993 (3) SA 306 (T)

Issue: Whether a person who has wrongfully enriched himself at the expense of another person is liable to repay the enrichment, even if there is no specific enrichment action recognized by Roman-Dutch law.

Facts:

Palaborwa Mining Co Ltd (Palaborwa) was a mining company that owned a number of farms in the Transvaal. Coetzer was a person who owned a farm adjacent to one of Palaborwa's farms.

Coetzer wrongfully occupied a portion of Palaborwa's farm for a number of years. Coetzer used the portion of Palaborwa's farm to graze his livestock.

Palaborwa discovered that Coetzer was wrongfully occupying a portion of its farm and demanded that Coetzer vacate the land. Coetzer refused to vacate the land.

Palaborwa then sued Coetzer for an order declaring that Coetzer was wrongfully occupying a portion of its farm and for an order compelling Coetzer to vacate the land. Palaborwa also claimed damages from Coetzer for the use and occupation of its land.

Held:

The Transvaal Provincial Division held that Coetzer was wrongfully occupying a portion of Palaborwa's farm and ordered Coetzer to vacate the land. The Court also awarded Palaborwa damages for the use and occupation of its land.

Key Facts:

• A mining company owned a number of farms in the Transvaal.
• A person owned a farm adjacent to one of the mining company's farms.
• The person wrongfully occupied a portion of the mining company's farm for a number of years.
• The person used the portion of the mining company's farm to graze his livestock.
• The mining company discovered that the person was wrongfully occupying a portion of its farm and demanded that the person vacate the land.
• The person refused to vacate the land.
• The mining company sued the person for an order declaring that the person was wrongfully occupying a portion of its farm and for an order compelling the person to vacate the land. The mining company also claimed damages from the person for the use and occupation of its land.

Reasons:

The Court held that the person was liable to repay the enrichment he had received from the mining company, even though there was no specific enrichment action recognized by Roman-Dutch law. The Court reasoned that the principle of unjust enrichment is a broad principle that allows courts to order persons to repay benefits that they have received wrongfully.

Conclusion:

The Court's decision in Palaborwa Mining Co Ltd v Coetzer 1993 (3) SA 306 (T) is a significant case in South African law.

Malan v Nabygelegen Estates 1946 AD 562

Malan v Nabygelegen Estates 1946 AD 562

Issue: Whether a person who has wrongfully occupied another person's land is liable to pay compensation for the use and occupation of the land, even if the person who has wrongfully occupied the land has not caused any damage to the land.

Facts:

Malan, a person, owned a farm. Nabygelegen Estates, a company, wrongfully occupied Malan's farm for a period of time.

Nabygelegen Estates did not cause any damage to Malan's farm while it was occupying it. However, Nabygelegen Estates did benefit from the use of Malan's farm.

Malan sued Nabygelegen Estates for compensation for the use and occupation of his farm. Nabygelegen Estates argued that it was not liable to pay compensation because it had not caused any damage to Malan's farm.

Held:

The Appellate Division held that Nabygelegen Estates was liable to pay compensation to Malan for the use and occupation of his farm. The Court reasoned that Nabygelegen Estates had wrongfully enriched itself by using Malan's farm without his permission and that Nabygelegen Estates was therefore liable to pay compensation for the benefit it had received.

Key Facts:

• A company wrongfully occupied a person's farm for a period of time.
• The company did not cause any damage to the farm while it was occupying it. However, the company did benefit from the use of the farm.
• The person sued the company for compensation for the use and occupation of his farm.
• The company argued that it was not liable to pay compensation because it had not caused any damage to the farm.

Reasons:

• The Appellate Division held that the company was liable to pay compensation to the person for the use and occupation of his farm because the company had wrongfully enriched itself by using the person's farm without his permission and that the company was therefore liable to pay compensation for the benefit it had received.

Conclusion:

The Court's decision in Malan v Nabygelegen Estates 1946 AD 562 is a significant case in South African law. The Court's decision clarified the law relating to the liability of persons who have wrongfully occupied another person's land.

Lubbe v Volkskas Bpk 1991 (1) SA 398 (O)

Lubbe v Volkskas Bpk 1991 (1) SA 398 (O)

Issue: Whether a bank is liable to a customer for the losses suffered by the customer as a result of the bank's failure to detect fraudulent withdrawals from the customer's account.

Facts:

Lubbe, a customer of Volkskas Bpk (Volkskas), opened a savings account with Volkskas. Lubbe deposited a large sum of money into the account.

An unknown person fraudulently obtained Lubbe's account number and PIN number. The unknown person then used the account number and PIN number to make a series of fraudulent withdrawals from Lubbe's account.

Volkskas failed to detect the fraudulent withdrawals. As a result, Lubbe suffered a significant financial loss.

Lubbe sued Volkskas for the losses he had suffered. Volkskas argued that it was not liable to Lubbe for the losses because the fraudulent withdrawals had been made without its knowledge or consent.

Held:

The Court held that Volkskas was liable to Lubbe for the losses he had suffered. The Court reasoned that Volkskas had a contractual duty to Lubbe to take reasonable care to protect his account from fraud. Volkskas had breached this duty by failing to detect the fraudulent withdrawals.

Key Facts:

• A customer opened a savings account with a bank.
• The customer deposited a large sum of money into the account.
• An unknown person fraudulently obtained the customer's account number and PIN number.
• The unknown person then used the account number and PIN number to make a series of fraudulent withdrawals from the customer's account.
• The bank failed to detect the fraudulent withdrawals.
• As a result, the customer suffered a significant financial loss.
• The customer sued the bank for the losses he had suffered.

Reasons:

• The Court held that the bank was liable to the customer for the losses he had suffered because the bank had a contractual duty to the customer to take reasonable care to protect his account from fraud.
• The Court reasoned that the bank had breached this duty by failing to detect the fraudulent withdrawals.

Conclusion:

The Court's decision in Lubbe v Volkskas Bpk 1991 (1) SA 398 (O) is a significant case in South African law. The Court's decision clarifies the law relating to the liability of banks to their customers for losses suffered by the customers as a result of fraudulent withdrawals from the customers' accounts.

Van Wezel v Van Wezel’s Trustee 1924 AD 409

Van Wezel v Van Wezel’s Trustee 1924 AD 409

Issue: Whether a building can be regarded as immovable property if it is attached to the land in such a way that it cannot be removed without causing substantial damage to either the building or the land.

Facts:

The applicant, Van Wezel, was the owner of a farm. On the farm, there was a building that had been erected by a previous owner. The building was attached to the land in such a way that it could not be removed without causing substantial damage to either the building or the land.

Van Wezel became insolvent and his estate was placed under the administration of a trustee. The trustee claimed that the building was immovable property and that it therefore formed part of Van Wezel's insolvent estate.

Van Wezel disputed the trustee's claim, arguing that the building was movable property and that it therefore did not form part of his insolvent estate.

Held:

The Appellate Division held that the building was immovable property and that it therefore formed part of Van Wezel's insolvent estate.

Key Facts:

• A person owned a farm on which there was a building.
• The building had been erected by a previous owner.
• The building was attached to the land in such a way that it could not be removed without causing substantial damage to either the building or the land.
• The person became insolvent and his estate was placed under the administration of a trustee.
• The trustee claimed that the building was immovable property and that it therefore formed part of the person's insolvent estate.
• The person disputed the trustee's claim, arguing that the building was movable property and that it therefore did not form part of his insolvent estate.

Reasons:

The Appellate Division held that the building was immovable property because:

• The building was attached to the land in such a way that it could not be removed without causing substantial damage to either the building or the land.
• The building was therefore a permanent part of the land.

The Court also held that the fact that the building had been erected by a previous owner was irrelevant. The Court reasoned that once the building had been attached to the land, it became part of the land and it could no longer be regarded as movable property.

Conclusion:

The Court's decision in Van Wezel v Van Wezel’s Trustee 1924 AD 409 is a significant case in South African law. The Court's decision clarified the law relating to the classification of property as movable or immovable.