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Sasfin v Beukes (1989): Exceptio Non Adimpleti Contractus Explained
Sasfin v Beukes on the exceptio non adimpleti contractus - when you can suspend performance because the other party hasn't performed.
Sasfin v Beukes: When Can You Suspend Performance?
Citation: Sasfin v Beukes 1989 (1) SA 1 (A)
The Principle
In a reciprocal contract, neither party can claim performance unless they have performed (or tendered) their own obligations.
This is the exceptio non adimpleti contractus.
Requirements
- Reciprocal obligations — Each party's duty is the causa for the other's
- Due simultaneously — Both obligations must be performable at the same time
- Plaintiff hasn't performed — The one claiming performance must have performed first
Exam Application
"Under Sasfin v Beukes, [defendant] can raise the exceptio non adimpleti contractus because [plaintiff] has not performed their own obligations in this reciprocal contract."
Related
- BK Tooling v Scope Precision Engineering (1979) — Reciprocal obligations
- Breach of contract remedies — Specific performance, damages, cancellation
Tags: #contract #exceptio #reciprocalobligations #breach #remedies
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