Question
C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C's business
C and D conclude a contract in terms of which D undertakes the development of specialised software to protect the computer systems of C's business against unauthorised access. The contract is concluded in a coffee shop in Durban. C's business is situated in Johannesburg, and D lives in Durban. D fails to install the software at C's business premises. C wants the court to compel D to install the software. (i) Will any magistrates' court have jurisdiction in the matter? Refer to relevant case law. (6) (ii) Will your answer to (i) above change if C sues D for the damages paid to install the software for R400 000? (4)
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