Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 20 – 2017

CHANGING YOUR MIND ON THE OTHER’S BREACH OF CONTRACT

Primat Construction v Nelson Mandela Bay Metropolitan Municipality (1075/2016) [2017] ZASCA 73 (1 June 2017)

Our law generally holds that if party A repudiates a contract, party B may choose to abide by the contract and enforce A’s performance; or accept the repudiation and cancel the agreement and claim damages from A. Once the choice is made, B cannot turn around and change his mind. However, as was argued in this case, would B be allowed to change tack and cancel the agreement and claim damages if A persisted in the breach by evincing an unequivocal intention not to remedy the breach?

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the twenty-eighth set of notes for your STSMA Reference Guide, Prescribed Management Rule 7 is discussed.

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Prescribed Management Rule 7
(N.B. Print in landscape)

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