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Cancellation of contracts does not result in a reduction

Monday, 02 March 2015   (0 Comments)
Posted by: Author: Emil Brincker
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Author: Emil Brincker (DLA Cliffe Dekker Hofmeyr)

To the extent that a contract is cancelled, it is expected that the parties to the contract will be restored to the position they were in prior to the entering into of the contract.

However, in terms of current provisions the cancellation of the contract results in a change in the base cost of the asset that was disposed of by the seller to the purchaser. In fact, the wording of the current legislation is that the base cost would reduce to zero, especially in the context of connected persons. This anomaly will be removed so that the original base cost is retained by the seller pursuant to a cancellation of a contract.

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