1. Sweet v Ragerguhara.docx

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

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern