CHANGING YOUR MIND ON THE OTHER’S BREACH OF CONTRACT
Primat Construction v Nelson Mandela Bay Metropolitan Municipality (1075/2016)  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?
STBB’S STSMA REFERENCE GUIDE
In this, the twenty-eighth set of notes for your STSMA Reference Guide, Prescribed Management Rule 7 is discussed.
Prescribed Management Rule 7
(N.B. Print in landscape)