Found inside – Page 115BRAND JA 2007 CLR 119 (A) (b) The lease agreement had not been validly terminated in that the letters of demand and cancellation, which were written by ... Found inside – Page 742These points of error are overcourt in Magcobar used the lease term for ruled . measuring lost profits was the fact that ... damages are recoverable South African diamond miner who testified for fraud , as well as for a breach of fiduciary that , once a company has performed pros- duty . ... contractual damages based upon a to support the jury's findings on the requisite breach of the three letter agreements ... Found inside – Page 1037The lessor filed a used the cottages . claim in the liquidation for the arrear rent , Held , that the breach had been waived , and the ... to sue under the lease the lease under a clause which provides for for cancellation . , Van der Merwe v : African cancellation at the option of ... The to the lessors on behalf of the lessee , and tenant on receipt of this letter disputed the the former stated that they would consider ... Found inside – Page 130Cape of Good Hope (South Africa). ... the dispute then existing between the parties as to the agreement of lease , in which letter breach of contract on the part of the plaintiff is ... The balance of rent due I will retain as a set - off against my claim . Found inside – Page 876365 agreement ought to be governed by the law of Wife's tort - Liability of husband - 203 the South African Republic . ... street to be posted by him - a letter withdrawing his Forfeiture of lease - Breach of covenantapplication was delivered at the ... Found inside201 agreement , his conduct in paying the rent for two and a half years without sufficient proLease for twelve years — Judicial ... This land or waiver , he could not recover the amount was seized in execution for a debt due by M. by way of damages for breach of contract . ... The plaintiff verbally riage -- Letters patent , 7th March , 1854 , let to the defendant for three years certain Ordinance 1 , 1860 , and Act ... Found inside – Page 211The standby latter of credit , in turn , provides security for the payment of damages in the case of breach of contract by one of the parties to that contract . The documentary letter of credit therefore serves to reduce the risk of nonpayment under a commercial contract such as a sale . ... They may be employed to effect payment in a large number of other commercial contracts , such as lease , carriage and ... Found insideIn South Africa, the Rental Housing Act (No. 50 of 1999) requires a landlord of any sectional title unit, who has reduced a lease agreement to writing, ... Found inside – Page 599... mobilize” for active service in South Africa; before any movement had, in fact, been made he sent a testamentary letter to a. ... In the present case the nurse had received orders to embark when she wrote the letter propounded as a will—in other ... In the meantime the tenant's business suffered; he refused to pay rent, and counter-claimed for breach of the covenant ... 25, s. 146). Prior to the Court of Criminal Appeal Act of 1907, it was possible to raise the point as to the insufiiciency of ... Found inside – Page 876365 agreement ought to be giverned by the law of Wife's tort - Liability of husband 203 the South African Republic . ... AND LAW OF PROPERTYthe letter of allotment was posted — except by Abstract - Leaseholds — Assignment being delivered to a postman ... of lease — Breach of covenantapplication was delivered at the company's regisNotice bad in part 496 tered office and opened by the secretary . Found inside – Page 131 1 SREBRAND SED SEBS 12 Akabogu : Files a suit to stop Anwuzia ' s arrest The New Way Forward By Chikodi ... of Zoe Ministries located on Independence Layout , Enugu , Enugu State , before their face - off over rent issues . ... Interpol said it was carrying out its legal duty based on a letter it received from South Africa Interpol to investigate the plaintiff . ... a complaint and countercomplaint over non - payment of balance of Nlmillion likely to cause the breach of peace in the area . Found inside – Page 277Decisions of the Supreme Court of South Africa (Natal Provincial Division) (including the Durban and Coast Local Division). ... inform you that he agrees the conditions of Lease of the retail store at Colenso as embodied in your draft forwarded to S. Bhayla under cover of your letter of the 29th instant ... The defendants in breach of the said agreement refuse to implement the same and to be bound thereby . Found inside... 23 primacy of, 21–23 role of, 22 'Letter of intent', 58 Letting and hiring of work, ... See Duress 'Mining lease', 49, 160 Minor agreement of, 34, 80, ... Found inside – Page 208Themes and Perspectives in Language and Law in Africa and beyond Monwabisi K. Ralarala ... lease agreements, loan agreements and financial agreements. Found inside – Page 2088Clause 5 of the franchise agreement enabled either party to terminate it by ... at a price which shall sound in money in South African currency and on such ... Found inside – Page v... of Trade ; Law of South African Republic , Bar , 167 CONTRACT – Breach ; Damages ; Termination by BANKRUPTCY - Earnings of ... Negligence , 177 Duration of Contract , Ss . 79 , 80 , 81 , 82 ; Crossed Cheque ; Liability Contract by Letter ; " Admissibility of Parole of ... 23 ; Member ; Shares Lease ; Assignment ; Indemnity , Allotted ; Certificates not Issued , 22 Lease Breach of Agreement ; Injunction ... Found inside – Page 334349 , letters A to C , post ) or ( per LORD DENNING ) because the trust company had by their proof elected to claim for breach of contract under the lease and a claim in conversion was inconsistent with the claim for breach of contract ( see p . 354 , letters C and H , post ) . Per VISCOUNT SIMONDS : the rule is settled that where a claim is in damages for breach of contract or for a tortious act the date of conversion ( of the ... British South Africa Co. , [ 1912 ] A.C. 52 ; 11 Digest ( Repl . ) ... Found inside – Page 599A B The breach which the defendant was being called upon to rectify was the persistent late payments of rent . In the context of this letter , it is not easy to see how the breach could be remedied within 14 days of that letter . The letter could ... See Cooper The South African Law of Landlord and Tenant ( 2nd ed . ) p . 54ff . Found inside – Page xxiHigh Court, South African Republic. ... Where , in a suit by a lessor of a house and ground for cancellation of the lease and damages caused by a breach of the lease , it was proved that the lessor had consented to the lessee building upon part ... Found inside – Page 16The costs referred to are presumably those occasioned by the refusal to accept rent and causing the intervention of the respondents ' attorney . ... to pay the rent for August and September and also on the ground that the respondents were selling groceries in breach of the provisions of the lease . ... rent was then paid to the respondest's attorney who wrote the letter of the 15h of August , referred to above . Found inside – Page 1009It was claimed that the respondent was in breach of the lease agreement in that he failed to pay rent . ... the CPA's own constitution ; ( b ) that the respondent was not in breach of the original lease for non - payment of rent , and that the applicant had no ground ... Again this could not be supported by the facts , as the existence of a letter in which the option was exercised could not be proven ( pára [ 19 ] ) . Found inside – Page 50A credit grantor may not in one demand notify the credit receiver of his breach and that he will cancel the contract if the ... All writers agree that the period of 30 days commences at the date of posting and not the date of receipt of the letter . Found inside – Page 179The applicant had Lease Breach of — Failure to comply under a written lease leased a site from the with condition of lease Tenant averring first respondent . Clause 9 provided ... Before this notice prior consent , in writing , of the City Coun- had expired the appellants by letter incil being first had and obtained ' . The rental formed the respondent that it had breached to be paid was stipulated in the lease . Found inside – Page 171The Court from the breach of duty itself , or , alternatively , from his having Co - defendant . is bound by the majority ... Parties — Trustee for ally with the company itself upon a contract Damages - Malicious Plaintiff sued for damages on the ground ... of which is situated at Inspection - Act 32 Parys , while assistant magistrates are stationed Power of Court to was a lease ... non - business days , so that K received P's plainant's evidence had not been sufficiently letter only on 2nd January . Found inside – Page 400Lashes could be imposed for any breach of the contract . ... Act has forced the gradual substitution of labour tenancy for squatting it means that the Union ... Found inside – Page 332B The breach and cancellation of the lease agreement 30 31 [ 60 ] My colleague , Dambuza AJ , correctly mentions the ... [ 61 ] The city justified cancelling Ms Malan's lease agreement on the reasons set out in its letter dated 31 October 2008 ... Found inside – Page xxi1889-1890 South Africa. ... the Court held that a breach of contract had taken place on the part of the lessee , giving the lessor the right to institute an action ... Where , in a suit by a lessor of a house and ground for cancellation of the lease and damages caused by a breach of the ... See Lease . LIBEL ; —No action for damages for libel alleged to be contained in a letter addressed to the complainant will lie ... Found inside – Page 122If the premises of the business are leased , it might constitute a breach of the lease agreement to use it for business purposes or to make any additions or alterations thereto . The lease agreement must provide for the establishment of a business and / or alterations should they be required . ... to do so will result in a letter from the National Roads Agency requiring the removal of the sign . Failing that , 122 ... Found inside – Page 179Decisions of the Supreme Court of South Africa. ... The company took a lease of the stand from a certain Rosenberg and two others for a period of five years from November 1st , 1911 , at a rental of £ 140 per month , with a right of renewal for a ... Found inside – Page 41--An accused who fails of the other parties to the agreement or of to appear in answer to a summons should S.M.B.A. Interdict granted . ... there would be no breach of the provisions it would be dolus on his part deliberately to of the clause and that such letter was not act ... into a which members enjoyed certain benefits . lease of a factory under one roof and three Sixteen outfitters , including the appellant ... Found inside – Page 395Sumner , 21 and he gave judgment for rent and balance of purchase price ( £ 116 and £ 1,500 ) and interest . ... Plaintiff in a letter ' accepted ' the repudiation but stated also that he claimed £ 635 as damages for defendants ' breach of contract ... Found inside – Page 112VOL 84 FEB 1994 LETTERS / BRIEWE The thing leased may not be consumed ; rent must be ing trade ) , and all the other unnecessary tricks to keep paid in ... In South Africa it is common practice for the interval between rental payments to be 1 month . ... This approach may be unfamiliar to other specialsought in order to avoid breaches of acceptable ethical ties , but it is used by most GPs . behaviour . Found inside – Page 283After the expiry of the lease , the Colonial Company of South - West Africa and the Cape Government invoked Article 9 of the agreement of 28 December 1897 ... Found inside – Page 24Sport in South Africa & the International Boycott Sam Ramsamy ... wishing to arrange events — letter from Pretoria City Secretary concerning the lease of Caledonian Stadium Stads van Pretoria City ... Any match played at the stadium in breach of clause 1 of the lease will be regarded as breach of contract in which event my ... Found inside – Page 425Decisions of the Supreme Court of South Africa, Appellate Division Alexander Fraser Russell, Gerard Molyneux Swift, ... [ WATERMEYER , C.J. ] in breach of your agreement with our client , permitted dancing to be done on the premises rented by you ; this must cease fort ) - with . ... as rent if the lessors ' would give him a lease for a definite time ; that it was also quite inconsistent with the letters written by ... Found inside – Page 1767excomalleged that plaintiff justifiably cancelled option to renew breaks his agreement by the lease for non - payment of rent . ... WAIVER OF BREACH he was deprived of this exclusive use , with the result that the local authority refused Acceptance of Rent After Breach of to grant ... Defendant the defendant had exercised would did not reply to the letter , but sought to exercise the right of renewal no ... Found inside – Page 70The tenant failed to pay any rental after February 1991. But for this breach the plaintiff would have received an amount of R37 620,00 under the lease ... Found inside – Page 253All contracts, service level agreements and lease agreements must be ... in the ensuing list (The Association of South African Quantity Surveyors 1991). Found inside – Page 133In January 1981 the plaintiffs approached the defendants for the lease of their premises . ... corridor and the basement which they occupied in early March 1981 and that as a result the defendant ' s rental would be reduced ... Moses and Bishop included in the letters M and B and that therefore the landlord was the firm of MB Phekani and Sons . ... and restaurant business they carried on the premises , and the the taking of the other rooms was a breach of covenant of quiet enjoyment . Found inside – Page 11221, 2007), a wine distributor sued a South African wine manufacturer for breach of an oral distribution agreement. On a motion to dismiss, the defendant ... Found inside – Page 244Decisions of the Supreme Court of South Africa (Eastern Districts Local Division). ... waived his right to a surety , and there is no mention of a surety in the letter calling upon defendant to accept the farm . ... Sampson , K.C. , in reply : If there is a difficulty about ordinary specific performance owing to the destruction of the lease , the declaration might be amended by inserting “ for breach of contract ” after the ... Found inside – Page 222222 DEFAULTS IN PAYMENT OF RENT declaration must be made it must be communicated to the lessee himself and the ... 61 Where a lessee has paid rent in advance and the contract is cancelled by the lessor by reason of the lessee's having committed a breach of the lease , it is ... 63 The refusal of the lessor's servant to accept a letter containing a cheque for the rent is an act of the lessor in default of ... Respondest 's attorney who wrote the letter could... See Cooper the South African Law of and. 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