The Western Cape High Court heard an appeal about whether a signed solution proposal for payment acquiring software was binding, and whether later emails created an enforceable undertaking to pay. The court held that the proposal was not binding on signature and that the respondent’s version on the February 2022 emails could not be rejected on the papers. The appeal was dismissed with costs.
This may be relevant to contract and litigation matters involving proposal documents, payment milestones, and disputes of fact in motion proceedings.
Evidence from source
SUMMARY: Contract – formation – whether signed ‘solution proposal’ for the licensing and commissioning of payment acquiring software constituted a binding agreement
Supports: Plain summary sentence 1
proposal not binding upon signature – respondent’s version that undertaking was conditional cannot be rejected on the papers – appeal dismissed with costs.
Supports: Plain summary sentences 2 and 3
The appeal is dismissed.
Supports: Plain summary sentence 3