Lynne Ashley v John Goodwin Trading as Cambridge Creche and Nursery School

HH 301-11

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Case Details

Court

Harare High Court

Date

29 November 2011

Citation

HH 301-11

Neutral Citation

[2011] ZWHH 301

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Contract LawEmployment Law

Keywords

Contractual UndertakingLegal Practitioner AuthoritySanctity of Contract

Key Issues

{"issue_text":"Whether a party is bound by the acts of their legal practitioner who makes a written undertaking on their behalf","issue_type":"law","dispositive":"yes","related_facts":"Legal practitioner's written undertaking to pay US$4,640; respondent's refusal to honor the commitment"}
{"issue_text":"Whether the defense of mistake is available to a party who seeks to resile from a contractual undertaking made through their legal representative","issue_type":"law","dispositive":"no","related_facts":"Respondent's claim of unilateral mistake of law; alleged wrong legal advice"}

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background

Facts of the Case

Background

The applicant and respondent were former employee and employer who agreed to terminate their employment relationship amicably in January 2011. The respondent's legal practitioners undertook to pay US$4,640 in settlement but later refused to honor this commitment, leading to the present application.

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