Contract Law

A moral compass in employment: Understanding moral clauses in employment contracts

Located in a collective bargaining regulatory process, the employment contract is, at its most basic understanding, a reciprocal and legally formulated document, binding the employee and employer to a structured […]

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Implications and applications: Interpreting the parol evidence rule in contract law

By Karabo Orekeng A whole agreement clause provides that if a written document was intended to record a memorial of the contract, no evidence may be given of any earlier […]

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Broken promises: The courts’ approach to a breach of promise to marry

By Nozipho Ndebele ‘Our courts, on the whole, do not look with much favour on the breach of promise actions, and it has been suggested that they have no place […]

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Pacta sunt servanda is not a holy cow that can never be slaughtered

Ndebele and Another v Industrial Development Corporation of South Africa and Others (GJ) (unreported case no 21687/2021, 25-7-2023) (Strydom J) In the recent judgment of Ndebele and Another v Industrial […]

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Determining what ‘in the presence’ means for the virtual commissioning of oaths

  By Danielle Hugo One of the challenges that had to be overcome within the legal arena – following the disruption caused by the COVID-19 pandemic – was that of […]

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Enforceability of warranties and indemnification in sale of business contracts

EBS International (Pty) Ltd and Another v Wright (WCC) (unreported case no 19128/2020, 9-5-2022) (Wille J) It is often prudent that in any agreement, particularly sale of business transactions that […]

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The lack of contractual capacity – a fatal blow to contingency fee agreements

By Dr Michele van Eck Vallaro obo BR v Road Accident Fund 2021 (4) SA 302 (GJ) and Bouwer obo MG v Road Accident Fund 2021 (5) SA 233 (GP) […]

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Is an adjudicator’s decision valid if issued after the expiry of the prescribed period in construction contracts?

  T­­­he New Engineering Contract (NEC) of which the Engineering and Construction Contract forms part, makes provision for the referral of disputes ensuing under the contract to an adjudicator. This […]

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Sign on the virtual line – commissioning affidavits in the digital era

It cannot be disputed that the ongoing COVID-19 pandemic has pressurised the legal profession to re-examine and reconsider certain legal requirements. With the everchanging social climate that accompanies the new […]

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Termination of contract: Sole discretion means sole discretion

MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (SCA) (unreported case no 296/2020; 226/2021, 8-10-2021) (Schippers JA and Potterill AJA (Mbha JA and Phatshoane and […]

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