WHEN NON-COMPLIANCE WITH AGREEMENT CANNOT BE HELPED
Tsangarakis N.O. and Another v Kgato Project Management (Pty) Ltd and Another (1021/2017)  ZAFSHC 76 (8 June 2017)
We all know that agreements are binding and that parties must therefore comply with the provisions thereof. In fact, an aggrieved party generally has the right to an order of specific performance if the other party fails to be true to his word. Would a court have a discretion not to grant specific performance in certain instances? This was the question that the Court addressed in this matter where there was a rather ‘wealthy’ purchaser with cash flow problems.
STBB’S STSMA REFERENCE GUIDE
In this, the twenty-sixth set of notes for your STSMA Reference Guide, Prescribed Management Rule 5 is discussed.
Prescribed Management Rule 5
(N.B. Print in landscape)