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BRIMPTON (PVT) LTD v COMMERCIAL BANK OF ZIMBABWE LTD 2001 (2) ZLR 194 (H)

2001 (2) ZLR p194

Citation

2001 (2) ZLR 194 (H)

Case No

Judgment No. HH-160-01

Court

High Court, Harare

Judge

Chinhengo J

Heard

5 June 2001; 7 June 2001; 11 June 2001; 14 June 2001

Judgment

12 September 2001

Counsel

F Girach, for the plaintiff
R Y Phillips, for the defendant

Case Type

Civil action

Annotations

No case annotations to date

Flynote

Bank — commercial credit — letter of credit — banker's duty under standard conditions to ensure that documents conform with terms of letter of credit — banker failing to do so — payment being made when should not have been — a breach of contract — buyer receiving goods — quantum of damages to be assessed in light of benefit received by buyer

Contract — breach — damages — assessment — principles — damages to be assessed in light of loss actually suffered — benefit received in spite of breach to be taken into account

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