UNILEVER SOUTH EAST AFRICA versus VIEWLEEN INVESTMENTS (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the contract between the parties was a conditional contract allowing for a top-up price.","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's claim of verbal/written top-up condition vs. plaintiff's evidence and documentary proof of full price."}
• {"issue_text":"Whether the parties duly performed their obligations under the contract.","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's payment vs. defendant's failure to deliver and subsequent demand for more money."}
• {"issue_text":"Whether the plaintiff is entitled to specific performance or alternatively damages equivalent to the current market value of the motor vehicle.","issue_type":"law","dispositive":"yes","related_facts":"Defendant's breach, plaintiff's readiness to accept delivery, hyperinflationary environment."}

Background