Tag: Craig Howie

Enforcing contractual rights: Interdict not specific performance

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...

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Foreseeing contractual performance: Various scenarios

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...

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