Specific performanceVerbal agreementSupervening impossibilityForeign currencyRTGS payment
Tags
Specific performanceContract lawSupervening impossibilityForeign currency allocation
legislation
Statutes Cited
None cited
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether delivery of the motor vehicles was conditional upon the defendant obtaining foreign currency allocation","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal agreement, support letters, import requirement"}
{"issue_text":"Whether the defendant's failure to obtain foreign currency constitutes supervening impossibility","issue_type":"law","dispositive":"yes","related_facts":"RBZ allocation process, bank applications"}
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background
Facts of the Case
Background
The plaintiff (Parliament of Zimbabwe) entered into a verbal agreement with the defendant to purchase three Toyota Hilux vehicles for US$104,849.99. The plaintiff paid the amount on 17 April 2017, but the defendant failed to deliver the vehicles, claiming inability to secure foreign currency allocation from the Reserve Bank of Zimbabwe to pay its South African supplier. The plaintiff sought specific performance or an order authorizing the Sheriff to recover the vehicles.
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