Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

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)