Agreement where parties share the same misconception?
Bernstein N.O and Another v Goldex 16 (Pty) Ltd and Another (2014/37846) [2015] ZAGPJHC 122
(4 June 2015)
Where a seller and purchaser are in agreement that a certain boathouse would form part of the property purchased in a sectional title development, and makes a note to that effect in the sale agreement, what does a court do when the seller then refuses transfer of the boathouse land as it later transpired, to both parties’ surprise, that the boathouse was situated outside the land encompassing the development and was in fact held by separate title? The discussion in this judgment illustrates the inevitable outcome.
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The Judgment
Summary of the Judgment
Guests falling from stairs: owners/landlords liable?
Pauw v Du Preez (20197/2014) [2015] ZASCA 80 (28 May 2015)
When is a homeowner, who rented out her seaside home over the holiday period, liable for injuries sustained by a guest of the tenant? This judgment found the owner liable for all the guest’s damages when she fell off an outside stairway where there was no hand-railing. Although there was no evidence indicating how exactly the accident happened, there also was no proof of contributory negligence on the side of the guest. Owners and landlords should take note!
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The Judgment
Summary of the Judgment
