n Without Prejudice - Remedies for fundamental mutual mistakes : contract law
|Article Title||Remedies for fundamental mutual mistakes : contract law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Jul 2008|
|Pages||36 - 37|
The issue of a fundamental mutual mistake was dealt with by Buruchowitz J in Laco Parts (Pty) Ltd t/a Aca Clutch v Turners Shipping (Pty) Ltd 2008 (1) SA 279 (W). In this matter the parties had entered into a sale agreement for certain motor vehicle parts, being clutch parts. Later, and subsequent to the conclusion of the agreement, it came to light that the parties had fundamentally disagreed as to the exact subject matter of the sale.
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