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Harare High Court
RTO Engineering (Private) Limited v Gulliver Consolidated Limited t/a More Wear Industries & Anor
HH 218-12
Case Details
Court
Harare High Court
Date
23 May 2012
Citation
HH 218-12
Neutral Citation
[2012] ZWHH 218
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Contract LawCommercial Law
Keywords
offer and acceptanceanimus contrahendiundue hardshiphyperinflationary environment
Tags
contract formationspecific performancehyperinflationquotation validity
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the quotation constituted a definite offer capable of acceptance","issue_type":"mixed","dispositive":"yes","related_facts":"Quotation contained price confirmation clause; payment made without confirmation"}
- {"issue_text":"Whether specific performance would cause undue hardship in hyperinflationary environment","issue_type":"law","dispositive":"no","related_facts":"Price increases due to hyperinflation between quotation and payment discovery"}
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background
Facts of the Case
Background
The applicant sought an order for specific performance against the first respondent for delivery of a lowbed trailer after making payment based on a quotation. The first respondent refused to deliver, arguing no contract was formed due to a price confirmation clause and that specific performance would cause undue hardship in the hyperinflationary environment.
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