private Sale with now ex boyfriend-Car Payments- Can i get some money back
I had an arrangement with my live in Ex boyfriend to purchase his car..no paperwork was drawn up. Agreed amount was R48000, 2000 was payable monthly until car was paid up. Arrangement was I paid his portion of the Rent which was r1000, and the balance of R1000 was cash.In July 2015, I started paying-paid cash for the first few months and his portion of rent went off via EFT (R1000), thereafter switched to EFT. IT became clear that after a few fights he was not going to honour the transaction , so i bought my own car in Dec 2016, and stopped payments in Nov 2016. we broke up in Feb 2017. I would like to know if there is any legal way i can get back at least half of whatever i had paid him.
Thank you for your question.
It is clear that there was a valid contract between you and your Ex boyfriend, but onething that must be understood is that contract is not merely terminated simply because there was a breach. Termination will depend on the seriousness of the breach. The court, for instance, look at a whole number of factors to determine what constitute a material or serious breach. Regrettably, you did not elaborate on the fact which led you to believe that your Ex had no intention to honour his own side of the contract. Be it as it may, if you feel strongly that his conduct was serious enough to warrant a major breach, then you can seek the remedy of cancellation of a contract and ultimately demand full refund of your money.