Mc Naught & Co
Making Sales Valid
In a recent High Court judgement the Court re-affirmed that alterations to sales agreements need to be agreed by all parties for the agreement to be valid.
Where an offer made by a buyer is accepted by the seller subject to certain alterations to the terms being made, if the buyer in turn does not accept these alterations, there simply is no sale. In the case before Court the buyer had paid his deposit before noticing the alterations and then demanded his deposit back which the seller refused. The Court confirmed that the alterations had never been brought to the buyer’s attention nor accepted and as there was therefore no sale, a full refund of the deposit to the buyer was due.
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In the President’s address on 09 April 2020 regarding the extension of the lockdown, a disturbing note was South Africa’s shortage of medical protective equipment for healthcare workers to help prevent the spread of the Coronavirus. Thus, making it high risk for our “army” who are on the forefront of this pandemic, fighting against an invisible enemy.
The Corona Virus and Contracts
On 26 March 2020 President Cyril Ramaphosa announced a nationwide lockdown to curb the effects of the Covid-19 pandemic. While this was a wise and welcomed decision to protect the health and lives of our citizens but it also puts our economy and the livelihood of our citizens under strain. The Corona Virus is a global pandemic and as such it affects the ability of parties to perform in terms of their contracts.
Communication is Key to Success
The single biggest problem in communication is the illusion that it has taken place. This has been a discovery in many trial matters run throughout South Africa, whereby it seems some matters heard before the court in civil proceedings could have easily been resolved at an earlier stage and should never have reached trial stage.