• About Us
  • Expert Authors
  • Competitions
  • Newsletters
  • Contact
Friday, 16 April 2021
ExpertHub
  • HOME
  • LAUNCH
  • BUSINESS
  • LEADERSHIP
  • MONEY
  • SUCCESS
  • NEWS
    • All
    • Company Posts
    • ExpertHub Today
    empathy led approach to leadership

    SA Technology Leaders Drive Performance and Innovation with Empathy-Based Approach

    ThinkSales State Of B2b Sales In South Africa 2021 Survey

    The 7 Strategies of SA’s Strongest B2B Sales Performers for 2021

    ThinkSales State Of B2b Sales In South Africa 2021 Survey

    3 Sales Strategies SMEs Can Borrow from SA’s Strongest Performers

    ThinkSales State Of B2b Sales In South Africa 2021 Survey

    SA’s Strongest Salesforces Focus on Value, Not Discounting

    ThinkSales State Of B2b Sales In South Africa 2021 Survey

    ThinkSales State Of B2b Sales In South Africa 2021 Survey

    Devastating Financial Gender Gap Has Grown: Women Are Better Investors, But Retire With 30-40% Less Than Men

    Why SMME’s Need To Think Small

    Trending Tags

    No Result
    View All Result
    • HOME
    • LAUNCH
    • BUSINESS
    • LEADERSHIP
    • MONEY
    • SUCCESS
    • NEWS
      • All
      • Company Posts
      • ExpertHub Today
      empathy led approach to leadership

      SA Technology Leaders Drive Performance and Innovation with Empathy-Based Approach

      ThinkSales State Of B2b Sales In South Africa 2021 Survey

      The 7 Strategies of SA’s Strongest B2B Sales Performers for 2021

      ThinkSales State Of B2b Sales In South Africa 2021 Survey

      3 Sales Strategies SMEs Can Borrow from SA’s Strongest Performers

      ThinkSales State Of B2b Sales In South Africa 2021 Survey

      SA’s Strongest Salesforces Focus on Value, Not Discounting

      ThinkSales State Of B2b Sales In South Africa 2021 Survey

      ThinkSales State Of B2b Sales In South Africa 2021 Survey

      Devastating Financial Gender Gap Has Grown: Women Are Better Investors, But Retire With 30-40% Less Than Men

      Why SMME’s Need To Think Small

      Trending Tags

      No Result
      View All Result
      ExpertHub
      No Result
      View All Result
      Home LAUNCH Legal Resources Legal Contracts

      What You Can Do When Someone Doesn’t Keep Their End Of The Bargain

      As attorneys, we often deal with matters where one party to an agreement fails to perform in terms of the contract. The innocent party is often left with options ranging from cancelling the contract and claiming damages or demanding performance. Is this really the only option?

      Nicolene Schoeman-Louw by Nicolene Schoeman-Louw
      Jun 13, 2019
      in Legal Contracts
      0
      Legal-Contract
      Share on FacebookShare on TwitterShare on LinkedIn

      RelatedTopics

      House of Contracts

      Lexis Nexis


      As attorneys, we often deal with matters where one party to an agreement fails to perform in terms of the contract. The innocent party is often left with options ranging from cancelling the contract and claiming damages or demanding performance. Both require the intervention of an attorney and often result in litigation.

      What is more, certain types of contracts such as defaulting lessees do not allow the landlord to evict the tenant without a court order. This is often costly and challenging.

      The same situation persists in the case of unpaid utilities, for example, where the service cannot only be disconnected as a result of non-payment.

      What can you do if the other party defaults?

      These issues came before the Supreme Court of Appeal in Smith v van den Heever 2011 (3) SA 140 (SCA). The facts of the case were as follows:

      Related: What You Should Include In The Partnership Agreement

      • In this case, Agrichicks (Pty) Ltd, a company that supplied day-old chicks and chicken feed, entered into a contract with Smith, a contracted chicken farmer.
      • This process would operate in cycles. Each cycle would commence with Agrichicks’ delivery of day-old chicks to Smith and end with the delivery to Smith of the next batch of chicks 56 days later.
      • In the eleven days that intervened between Agrichicks collecting the chicks after 45 days and supplying a new batch after 56 days, Smith would prepare his chicken hatches for the next batch.
      • The contract provided that if there was a debit amount owing by Smith at the end of a particular cycle, that debt would be carried forward for two more cycles, and would then become payable by Smith.

      Related: Trust, But Don’t Be Stupid. Get Agreements!

      The contract between Agrichicks and Smith commenced on 15 June 1999 and was to continue for a period of five years. Unfortunately, Agrichicks almost immediately experienced financial difficulties and the company was eventually liquidated on 14 August 2002. Agrichicks became unable to perform its obligations.

      In short, Agrichicks’ failure to fully perform its contractual obligations precluded it from demanding any counter-performance from Smith.

      Get professional advice

      A contract involving reciprocal obligations is a double-edged sword for both parties. If one party does not perform his obligations or does not perform them properly, the other party is entitled to withhold his performance.

      This, however, does not apply to all agreements and should therefore only be utilised with professional advice.

      Related: 5 Ways To Manage Your Business Debtors Better

      ShareTweetShare
      Nicolene Schoeman-Louw

      Nicolene Schoeman-Louw

      Nicolene Schoeman – Louw is an admitted attorney of the High Court of South Africa, as well as being a Conveyancer, Notary Public and Mediator. She is the Managing Director of Schoemanlaw Inc Attorneys, Conveyancers and Notaries Public (Schoemanlaw Inc Attorneys) in Cape Town. Visit www.schoemanlaw.co.za for more information or email enquiries@schoemanlaw.co.za

      Quick Links

      • Business Plan Advice
      • Business Plan Format Guide
      • Business Plan Format
      • Sample Business Plans

      NEWSLETTER SIGN-UP

      Sign-up for Weekly ExpertHub Updates

      * indicates required





      EXPERT INSIGHTS

      https://youtu.be/VHQXWJ0dDwA
      • HOME
      • LAUNCH
      • BUSINESS
      • LEADERSHIP
      • MONEY
      • SUCCESS
      • NEWS
      • About Us
      • Write for Us
      • Privacy Policy
      • Terms & Conditions
      • Sitemap
      • Contact Us

      Copyright © 2021 ExpertHub.info

      No Result
      View All Result
      • HOME
      • LAUNCH
      • BUSINESS
      • LEADERSHIP
      • MONEY
      • SUCCESS
      • NEWS

      Copyright © 2021 ExpertHub.info

      Login to your account below

      Forgotten Password?

      Fill the forms bellow to register

      All fields are required. Log In

      Retrieve your password

      Please enter your username or email address to reset your password.

      Log In