1. Sweet v Ragerguhara.docx

1. Sweet v Ragerguhara.docx - Sweet v Ragerguhara NO and...

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Sweet v Ragerguhara NO and others 1978 1 SA 131 (D) Also bear in mind that this case is incorrect about whether a malperformance that is in mora is positive malperformance rather than failure to perform. Facts Sweet bought a property from Ragerguhara. The contract of sale stipulated that “vacant occupation” of the property will be given by a certain date. When this date rolled around, two families were still unlawfully residing on the property. Sweet then sent a letter cancelling the contract. Ragerguhara denied that Sweet had the right to cancel the contract. Sweet then sent Ragerguhara a notice of rescission, which Ragerguhara denied was valid. The parties then took the matter to motion court. Salient legal issues Under a contract of sale of immovable property, does the failure of the seller to transfer possession of the property without other people staying on it constitute a breach of the contract of sale? Yes.
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