Contract Law

The undisclosed principal

By Daniel Treves Under our law of agency, an agent may represent its principal when concluding agreements with third parties, provided that the agent has authority to represent its principal […]

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Exploring judicial insight into public-private contractual relationships and state accountability

A judgment decided last year, Arocon Mbokodo CC v Mogalakwena Local Municipality (LP) (unreported case no 2650/2024, 7-6-2024) (Monene AJ) is laudable for a number of reasons. The judge, Monene […]

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Preventing the hiding of assets by debtors: The Mareva injunction examined

‘To reach the port …, we must sail sometimes with the wind and sometimes against it – but we must sail, and not drift, nor lie at anchor’ – Oliver […]

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An agreement that lapses due to the failure to fulfil suspensive conditions cannot be revived through amendments or addenda

Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another (SCA) (unreported case no 853/2023, 9-1-2025) (Zondi DP and Nicholls and Meyer JJA and Coppin and […]

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Caution against directors who dip into the company’s cookie jar

By Uzukhanye Myoywana Smuts v Kromelboog Conservation Services (Pty) Ltd and Another (SCA) (unreported case no 511/2023, 14-11-2024) (Dambuza, Mabindla-Boqwana and Molefe JJA and Hendricks and Baartman AJJA) It often […]

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Can terms of a contract be unilaterally waived when the contract includes a non-variation clause? A comparative analysis

The above question was recently pondered by the Supreme Court of Appeal (SCA) in two judgments, namely, Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa (SCA) […]

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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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