It was heard in the Witwatersrand Local Division by Cloete J, Blieden J and Malan J on 14 February, 2002, with judgment handed down on 26 February.
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Late in 1996, a family booked a holiday in Mauritius, only to find its flight suspended due to a tropical cyclone, and so attempted to cancel its contract with the tour operator and claim damages, on the grounds that the supervening impossibility of performance had brought the contract to an end.
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