BEITBRIDGE-BULAWAYO RAILWAY (PVT) LTD v COMMERCIAL UNION INSURANCE CO OF ZIMBABWE LTD 2008 (1) ZLR 207 (S)
Citation | 2008 (1) ZLR 207 (S) |
Case No | Judgment No. S-57-07 |
Court | Supreme Court, Harare |
Judge | Cheda JA, Gwaunza JA & Garwe JA |
Heard | 25 June 2007 |
Judgment | 11 March 2008 |
Counsel | J C Andersen SC, for the appellant |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Contract — performance — impossibility — when extinguishes obligations under contract — parties contemplating situation giving rise to impossibility — defendant not able to rely on impossibility to avoid obligations
Contract — performance — reciprocity — when party sued on contract entitled to rely on reciprocity by other party — principle of reciprocity may be excluded by contract itself
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