CHINYERERE v FRASER NO 1994 (2) ZLR 234 (H)

1994 (2) ZLR p234

Flynote

Contract — breach — damages — sale of property — agreed purchase price to be paid partly in cash and partly by purchaser carrying out certain building work for buyer — purchaser thereafter failing to complete such work — whether damages limited to difference between purchase price and the cash paid or whether should encompass cost of carrying out the incompleted work

Contract — implied terms — when implied — when intention of parties clear from contract, no terms may be implied

Contract — performance — method of — performance per aequipollens or equivalent act — when act may be said to be equivalent

Interest — from what date allowed — breach of contract — damages not assessed as at date when contract repudiated — interest nevertheless to run from that date