Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009)
This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to stop their farming operations because of ill health. The attorney whom they approa...
| Main Authors: | , |
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| Format: | Article |
| Language: | Afrikaans |
| Published: |
North-West University
2010-12-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no3/2010x13x3JBarnardCNagel_note.pdf |
| _version_ | 1818296232768962560 |
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| author | J Barnard CJ Nagel |
| author_facet | J Barnard CJ Nagel |
| author_sort | J Barnard |
| collection | DOAJ |
| description | This case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to stop their farming operations because of ill health. The attorney whom they approached for assistance offered to lease the farm, equipment and animals from them in his personal capacity, although in his professional capacity he also drafted the contracts of lease. It later transpired that the attorney used his position to mislead the couple as regards the contracts in question and that he was guilty of unethical and unprofessional conduct. The couple applied to court to have the leases declared void, alternatively cancelled, and to have the attorney evicted from the farm. The order was granted; however, the discussion seeks to demonstrate that the couple were afforded only minimal justice in that they did not claim, nor were they granted, any damages. The various possibilities open to them in the circumstances are examined and the conclusion is that ventilating the matter by way of application was probably not the best manner in which to have sought assistance. |
| first_indexed | 2024-12-13T04:00:16Z |
| format | Article |
| id | doaj.art-9f6fbe2013f248f5bad5112791c614ee |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-12-13T04:00:16Z |
| publishDate | 2010-12-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-9f6fbe2013f248f5bad5112791c614ee2022-12-22T00:00:30ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812010-12-01133448466Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009)J BarnardCJ NagelThis case note deals with several aspects of the law of contract, such as public policy and validity, error, cancellation, repudiation, undue influence and damages. It concerns the case of an elderly couple who had to stop their farming operations because of ill health. The attorney whom they approached for assistance offered to lease the farm, equipment and animals from them in his personal capacity, although in his professional capacity he also drafted the contracts of lease. It later transpired that the attorney used his position to mislead the couple as regards the contracts in question and that he was guilty of unethical and unprofessional conduct. The couple applied to court to have the leases declared void, alternatively cancelled, and to have the attorney evicted from the farm. The order was granted; however, the discussion seeks to demonstrate that the couple were afforded only minimal justice in that they did not claim, nor were they granted, any damages. The various possibilities open to them in the circumstances are examined and the conclusion is that ventilating the matter by way of application was probably not the best manner in which to have sought assistance.http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no3/2010x13x3JBarnardCNagel_note.pdfAttorneybreach of contractcancellation of contractconflict of interestsdamagesenrichmentfraudulent misrepresentationletting and hiringmatrimonial propertypublic policyundue influence |
| spellingShingle | J Barnard CJ Nagel Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) Potchefstroom Electronic Law Journal Attorney breach of contract cancellation of contract conflict of interests damages enrichment fraudulent misrepresentation letting and hiring matrimonial property public policy undue influence |
| title | Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) |
| title_full | Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) |
| title_fullStr | Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) |
| title_full_unstemmed | Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) |
| title_short | Jordan v Farber (1352/09) [2009] ZANCHC 81 (15/12/2009) |
| title_sort | jordan v farber 1352 09 2009 zanchc 81 15 12 2009 |
| topic | Attorney breach of contract cancellation of contract conflict of interests damages enrichment fraudulent misrepresentation letting and hiring matrimonial property public policy undue influence |
| url | http://www.nwu.ac.za/export/sites/default/nwu/p-per/issuepages/2010volume13no3/2010x13x3JBarnardCNagel_note.pdf |
| work_keys_str_mv | AT jbarnard jordanvfarber1352092009zanchc8115122009 AT cjnagel jordanvfarber1352092009zanchc8115122009 |