n Without Prejudice - Tendering restitution
|Article Title||Tendering restitution|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Cliffe Dekker Hofmeyr|
|Publication Date||Jul 2011|
Where a contract is cancelled as a result of breach, and where the innocent party claims return of its performance under the agreement, the general principle is that the cancelling party must tender to return the performance of the guilty party. This is so that, upon cancellation, each party might be restored to the position they were in at the time the contract was first concluded.
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