Inferred Waiver And The Test Applied Under A Sale Agreement

• Published date: 01 June 2021
• Law Firm: Andersen
• Author: Mr John Mankoe and Christopher Majuru

A recent judgment by the High Court in the Northern Cape, Robertson v Fourie [2021] ZANCHC 15, dealt with the issue of waiver in terms of an oral agreement of sale ("Sale Agreement"). The Sale Agreement was entered into between two parties for two Tsessebe cows, both of which were pregnant and in good condition. A brief background of the matter is set out below.

Robertson approached Fourie, a livestock agent, to procure and deliver two certified pregnant Tsessebe cows. Fourie found a seller, Gers, and proceeded to negotiate a purchase price of R80 000 per cow. Payment was to be made by Robertson in three instalments, namely, R91 200 within a few days of delivery and R20 000 deposit on the second cow. The balance of the purchase price would be paid by Roberston at a later stage.

In concluding the Sale Agreement, the parties arrived at Gers' farm for the purpose of certifying the cows as pregnant and ensuring that they were in good condition. To achieve the certification, a veterinarian appointed for this purpose proceeded to anaesthetise the two cows and load them onto...