Sarjid agrees to repair the roof of Veronica’s house for R2 000. Veronica pays Sarjid a deposit of R500. Sarjid does not do the repairs.

What does the Law Say?

Veronica can cancel the contract because Sarjid’s breach is serious. She can also claim back the R500 deposit which she paid. She can also claim damages for any loss she suffers because of Sarjid’s failure to repair the house, for example, if it starts to rain. Because Sarjid has not repaired the leaky roof, the rain damages Veronica’s new carpet. The damage to this carpet costs her R500 to repair. She can claim this amount from Sarjid as damages.

Veronica can also try and get a court order for specific performance instead of cancelling the contract. In other words she can ask the court to make Sarjid repair her house.

(See: What happens if there is a breach of contract?)

What Can She Do?

Veronica should approach a lawyer to help her try and decide on the best approach.

If she wishes to claim for damages, she could sue Sarjid through the Small Claims Court (for amounts up to R15 000).

(See: Small Claims Court)