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Chretien and Another v Bell (52/09) [2009] ZASCA 147

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Chretien and Another v Bell (52/09) [2009] ZASCA 147

26th November 2009

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The Supreme Court of Appeal has upheld an appeal and set aside an order declaring a purchase and sale agreement enforceable. The agreement provided that the parties would conclude a written agreement regarding the purchase price payment details at a future date. No such agreement was concluded. The SCA found that the 'purchase price payment details' referred to the time of payment and that as the manner of payment is a material term, the agreement was unenforceable for noncompliance with s 2(1) of the Alienation of Land Act 68 of 1981.

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