Strachan v Prinsloo

Strachan v Prinsloo[1] is an important case in South African contract law. It was heard in the Transvaal Provincial Division by Tindall J and Greenberg J.

Facts

An agreement between Strachan and Prinsloo imposed on the former the duty of managing the latter's farm so as to relieve him of all duties of supervision. In spite of warnings, Strachan persistently and continuously failed to attend early in the morning and late in the evening, which was when important duties of supervising had to be done, with the result that those duties had to be performed by Prinsloo. Finally, on three successive days, Strachan did not appear on the farm at all, whereupon Prinsloo cancelled the agreement.

Judgment

The court held

failed to perform a vital term, express or implied, of the agreement;

A serious violation of duty by one party, in other words, justifies the other in terminating the contract.

References

Books

Cases

Notes

  1. 1925 TPD 709.

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