SUMMARY

Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.

SUMMARY

LAW OF CONTRACT AND DAMAGES- Payment of mora interest for repudiated sale of a landed property- Claim for loss of profits on account of repudiation- Principles applicable considered and applied- Defendant claiming that the plaintiff contributed negligently to his incurring damages-Held, unlike in the law of delict, a party’s contributory negligence cannot be defence to a claim for damages for breach of contract unless the plaintiff’s conduct is the only cause of damage.

       SUMMARY

LAW OF SALE : Actio redhibitoria- The plaintiff sued out summons claiming the return of the purchase price of the motor vehicle which was sold and delivered- the plaintiff bought the vehicle knowing that it had a faulty sunroof- the agreement between the parties stated that the vehicle was sold voetstoots-  on further and thorough investigation when the problem could not fixed, it emerged that there was a faulty electrical system-Held, the plaintiff failed to prove that the defendant knew of the fault and concealed it with the intention of defrauding him.

SUMMARY

CONTRACT- The application by the Government of Lesotho to review a contract entered into by the minister without  the authority of Cabinet and the Minister of Finance and for breaching the Constitution of Lesotho 1993, Public Financial Management and Accountability Act and  Procurement Regulations- Arbitration clause in a contract does not survive the nullification of a contract concluded in breach of the Constitution and other applicable laws.

SUMMARY

Law of Contract – Fixed Term Service Contract signed between the parties – Applicant entitled to gratuity in terms of the signed contract – Respondents reneging liability of gratuity -  Caveat Subscriptor principle and Doctrine of quasi mutual assent applied – Parole Evidence Rule also applicable – Respondents liable to pay applicant the gratuity pursuant to the contract.

SUMMARY

Law of Contract – Application based on Contract for the benefit of a third party vis Stipulatio alteri – The alleged contract not annexed as evidence – No evidence pleaded to support applicant’s case – Application dismissed with costs.

SUMMARY

Contract- two motor vehicles having been involved in a collision-Toyota Fortuner having been taken to Respondent’s workshop- Respondent demanding payment of assessment of damages and storage costs- Applicant disputing existence of an agreement- Held: Parties had intention of being contractually bound and have acted in their agreement- Held: conduct of the parties clear enough to show intention- Held: Application dismissed with costs.

SUMMARY

LAW OF CONTRACT: Cancellation of contract based on breach- fairness and unreasonableness as grounds for avoiding enforcement of a contract- Held, that these cannot be the basis for avoiding enforcement of a contract- undue influence as a  ground for terminating an agreement- mistake as to the motive for entering into a contract- Held, that  such does not vitiate a contract- Practice and Procedure- foreseeability of a material dispute of fact arising in motion proceedings- the approach to be adopted articulated and applied.

SUMMARY

DEBT RECOVERY- In an action for recovery of money for goods sold and delivered and where the defendant raises a special defence- the onus of proving the special defence is on the defendant- Postponement of proceedings- Principles applicable re-stated and applied.

                                               SUMMARY

LAW OF CONTRACT: Presence of arbitration clause in the contract- whether it ousts the jurisdiction of the court to hear an arbitrable issue- Held, it does not as the aggrieved party must apply in terms of section 7 of the Arbitration Act of 1980 for a stay of proceedings pending arbitration-  A party electing to abide by the contract through its conduct despite the presence of its breaches- whether later he/she can rely on the same apparent breaches when he elected to be bound, as the basis  for seeking cancellation of the contract- Held in the negative.