About: BK Tooling v Scope Precision Engineering

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BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk, an important case in South African contract law, was heard and decided in the Appellate Division on 16 September 1977 and 15 September 1978 respectively. The case dealt with remedies for the breach of a reciprocal contract in cases where the creditor has been prevented from performing fully his obligations by the failure of the other party's necessary co-operation. The court held that the creditor may in such circumstances claim performance, but that his claim will be subject to a reduction by the costs he saves in not having fully to make his counterperformance.

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  • BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk, an important case in South African contract law, was heard and decided in the Appellate Division on 16 September 1977 and 15 September 1978 respectively. The case dealt with remedies for the breach of a reciprocal contract in cases where the creditor has been prevented from performing fully his obligations by the failure of the other party's necessary co-operation. The court held that the creditor may in such circumstances claim performance, but that his claim will be subject to a reduction by the costs he saves in not having fully to make his counterperformance. The court also discussed the principles applicable to the and held that, where there has been incomplete performance by the creditor (in this case the plaintiff), the debtor (defendant) is entitled to claim compensation. Where there has been no , the creditor may institute a claim for a reduced contract price. A court, in the exercise of its discretion, may permit a relaxation of the strict principle of reciprocity where the other party has utilised the partial performance. (en)
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  • BK Tooling (Edms) Bpk v Scope Precision Engineering (Edms) Bpk, an important case in South African contract law, was heard and decided in the Appellate Division on 16 September 1977 and 15 September 1978 respectively. The case dealt with remedies for the breach of a reciprocal contract in cases where the creditor has been prevented from performing fully his obligations by the failure of the other party's necessary co-operation. The court held that the creditor may in such circumstances claim performance, but that his claim will be subject to a reduction by the costs he saves in not having fully to make his counterperformance. (en)
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  • BK Tooling v Scope Precision Engineering (en)
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