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Union Government v Vianini Ferro-Concrete Pipes
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Union Government v Vianini Ferro-Concrete Pipes : ウィキペディア英語版
Union Government v Vianini Ferro-Concrete Pipes

''Union Government v Vianini Ferro-Concrete Pipes (Pty) Ltd''〔1941 AD 43.〕 is an important case in South African contract law, heard in the Appellate Division by De Wet CJ, Watermeyer JA, Tindall JA, Centlivres JA and Feetham JA on 25 September – 15 October 1940.
== Facts ==
In prior legal proceedings between the parties, it had been held that, upon a true construction of a certain written contract, the defendant government was under an obligation to purchase its requirements of certain concrete pipes from the plaintiff Vianini. Two declarations claiming in one case the price of certain pipes which it was alleged the Government required but had purchased elsewhere and in the other case damages in respect of a similar purchase of other pipes, the main plea was to the effect that the written contract was not the complete contract between the parties.
The government pleaded in the alternative that, if the court found that the written contract was in fact the contract between the parties, by agreement between the parties the contract was subject to the suspensive condition that it would only come into operation when the requirements of the government had been ascertained and when it had been ascertained that Vianini represented the most economical and convenient source of supply in comparison with certain other named suppliers.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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