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Supreme Court
AC Controls (Private) Limited v Sable Chemical Industries Limited
[2020] ZWSC 18
Case Details
Court
Supreme Court
Date
11 February 2020
Citation
[2020] ZWSC 18
Judgment No.
SC 18/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GARWE JAGOWORA JAGUVAVA JA
Areas of Law
Contract LawCommercial Law
Keywords
Consensus ad idemCounter-offerContract formationPurchase orderQuotation
Tags
Contract lawCommercial disputeSupply agreement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a valid agreement came into place between the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Exchange of quotation and purchase order with different terms, no communication of acceptance"}
- {"issue_text":"Whether the agreement was cancelled by the defendant","issue_type":"mixed","dispositive":"no","related_facts":"Respondent requested order be put on hold"}
- {"issue_text":"Whether delivery by the plaintiff was done in terms of a valid contract","issue_type":"mixed","dispositive":"no","related_facts":"Goods delivered after dispute arose"}
- {"issue_text":"Whether the defendant was liable to pay for the goods","issue_type":"mixed","dispositive":"no","related_facts":"No valid contract found to exist"}
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background
Facts of the Case
Background
The appellant claimed payment for circuit breakers delivered to respondent based on a purchase order. The respondent contended it had cancelled the order before acceptance and no valid contract existed. The High Court found no contract was formed. The Supreme Court upheld this finding.
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