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Harare High Court
Astra Steel and Engineering Supplies (Private) Limited v P M Manufacturing (Private) Limited
HH 393-12
Case Details
Court
Harare High Court
Date
11 June 2012
Citation
HH 393-12
Neutral Citation
[2012] ZWHH 393
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mutema J
Full Bench
Mutema J
Areas of Law
Contract LawCommercial Law
Keywords
Specific performanceBreach of contractSale agreementTyresThird party suppliers
Tags
Contract LawSpecific PerformanceBreach of ContractSale of Goods
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant is liable for delivery of 2000 tyres","issue_type":"mixed","dispositive":"yes","related_facts":"Parties concluded agreement, plaintiff paid, defendant failed to deliver"}
- {"issue_text":"Whether plaintiff knew defendant was reliant on third party for delivery","issue_type":"fact","dispositive":"no","related_facts":"Defendant sourced from Solution Motors, plaintiff received direct communications"}
- {"issue_text":"Whether specific performance is appropriate remedy","issue_type":"law","dispositive":"yes","related_facts":"Defendant breached contract, plaintiff paid in full"}
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background
Facts of the Case
Background
The plaintiff paid the defendant Z$2.75 trillion for 2,200 tyres under a memorandum of agreement dated 4 March 2008. The defendant failed to deliver the tyres by the agreed date of 21 March 2008, delivering only 200 tyres through a third party (Solution Motors) by July 2008. The plaintiff sued for specific performance or alternatively damages of US$200,000.
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