Tag: Craig Howie

Enforcing contractual rights: Interdict not performance

by GilesFiles | Sep 26, 2005 | 2014 and earlier, Applications, Causes and defences, Contractual breach, Courts, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Retired judges, SCA judges, Specific performance, Supreme Court of Appeal, Topics | 0 |

The SCA held that the threatened invasion of the rights of the owner under the lease was enough proof of reasonably apprehended injury. It was also held that an interdict was an appropriate remedy. This was despite the owners...

Foreseeing contractual performance: Various scenarios

by GilesFiles | Sep 25, 1996 | 2014 and earlier, Appeals, Causes and defences, Central, Contractual breach, Courts, False assumptions, Government, Impossible or illegal, Judges, Legal Practice, Legislation, Parties, Retired judges, Roman Dutch law, SCA judges, Sectors, Special pleas, State Owned Enterprises, Statutory, Supreme Court of Appeal, Topics | 0 |

Nuclear Fuels Corporation of SA (Pty) Ltd v Orda AG Foreseeing contractual performance and SCA pointed out that what is not altogether clear is whether certain factors assist in determining the existence of vis major or, vis...