RENOVATIONS MORE COMPLEX THAN ANTICIPATED – LATENT DEFECT?
Ellis and Another v Cilliers N.O and Others (16936/11)  ZAWCHC 145
(9 October 2015)
The judgment addresses a difficult question: does it detract from the reasonable use of a home, and thus constituting a latent defect, if anticipated renovations by purchasers become problematic due to floor and ceiling level issues that were initially concealed? Can a seller argue that the leveling of these areas were performed for aesthetic and maintenance purposes and did not constitute defects, thus not relevant in the context of the voetstoots clause?
AVOID DAMAGES CLAIMS: STAND BACK AND MAKE SURE YOU ARE REALLY ENTITLED TO CANCEL
Du Preez v Tornel Props (Pty) Ltd (20714/14)  ZASCA 134
(29 September 2015)
When contractual relationships sour, it is not uncommon to find that there are disputed issues between the parties and both may at any given time feel justified to cancel the agreement. This judgment explains clearly that our law deciphers the sequence of each party’s actions, thereby ascertaining what prompted the cancellation and whether it was justifiable.