Zimbabwe Electricity Transmission and Distribution Company v Tecpal Creative International (Private) Limited

Key Issues

• {"issue_text":"Whether the respondent's failure to deliver the balance of diaries constituted a breach of a material term of the contract justifying cancellation","issue_type":"law","dispositive":"yes","related_facts":"Partial delivery of 566 out of 2500 diaries; diaries intended for use in 2010; respondent's offer to supply 2011 diaries"}
• {"issue_text":"Whether cancellation is the appropriate remedy or whether specific performance should have been sought","issue_type":"law","dispositive":"yes","related_facts":"Applicant cancelled contract and sought restitution; respondent offered alternative performance"}
• {"issue_text":"Whether time was of the essence in the contract","issue_type":"mixed","dispositive":"yes","related_facts":"Diaries for 2010; mercantile transaction; partial delivery after year started"}

Background