It is essential to the sale’s contract that there must be an object being sold and the parties must come in agreement as to the price to be paid.
It is essential to the sale’s contract that there must be an object being sold and the parties must come in agreement as to the price to be paid. Although the price can partly be in kind and partly in money, the norm is that it should be fixed or be readily ascertainable if expressed in a formula.
■In the light of the above statement discuss the decision in Hurwitz & Others NNO v Table Bay Engineering (Pty) Ltd 1994 (3) SA 449 (C) and contrast it with the decision in Murray Roberts Construction Ltd v Finat properties 1991 (1) SA 5 08 (A).
(25 MARKS)
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