Bernard Perera v. Wijeyatunga – sllr 1991 volume 1 page 279

In the case between Mrs. Nanda Wijeyatunga (as administratrix of her deceased husband’s estate) and Bernard Perera, the court examined whether a clause in a notarial agreement for the sale of property, which stipulated liquidated damages, constituted a penalty or an alternative obligation available to the vendor. The central issue focused on the proper interpretation of contractual clauses governing remedies upon vendor default, with the purchaser having fulfilled payment obligations by depositing the balance in court prior to the stipulated deadline. The court held that the liquidated damages clause functioned as a penalty rather than an alternative obligation, and that specific performance remained a viable remedy under Roman Dutch Law where the vendor failed to perform. This determinati