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Harare High Court
Benchill Investments (Pvt) Ltd v Battery World (Pvt) Ltd
HH 277-10
Case Details
Court
Harare High Court
Date
16 November 2010
Citation
HH 277-10
Neutral Citation
[2010] ZWHH 277
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Contract LawCommercial LawSale of Goods
Keywords
contract of saleinvitation to treatquotationbank chequehyperinflationbattery purchase
Tags
contract lawsale of goodsbreach of contractspecific performancedamages
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the parties concluded an agreement of sale on 13 August 2008 or at any time after that","issue_type":"mixed","dispositive":"yes","related_facts":"Provision of quotation, presentation of bank cheque, acceptance of cheque"}
- {"issue_text":"Whether the defendant breached the agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to deliver batteries, return of cheque"}
- {"issue_text":"The nature of the relief that the plaintiff is entitled to","issue_type":"legal","dispositive":"yes","related_facts":"Claim for specific performance or damages"}
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background
Facts of the Case
Background
In August 2008 during Zimbabwe's hyperinflation period, plaintiff sought to purchase 50 batteries from defendant. After receiving a quotation, plaintiff obtained a bank cheque for $250,000 but defendant failed to deliver batteries claiming they were out of stock. Plaintiff sued for specific performance or damages for breach of contract.
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