Tag: contract law
No lease renewal unless the rent is fixed by the parties...
An option to renew a lease at a rental to be agreed between landlord and tenant, failing which to be determined by a third party, was not validly renewed by the lessee offering an increased rent that was unacceptable to the landlord and then not invoking the process for third party determination.
Immediate resignations contrary to legal procedures
Employment contracts always include a notice period should an individual decide to resign. Typically, South African workers must give a calendar months’ notice when they decide to part ways with their employer, but what happens in the case of resignation with immediate effect, especially when there are pending disciplinary actions?
Agreements must be honoured
Over the years, and particularly since the dawning of the Constitutional era, litigants have tried to rely on the principals of fairness and public policy to justify departure from certain contractual obligations.
BOOK REVIEW | Legal Aspects of Financing Corporates
Legal Aspects of Financing Corporates covers the gamut of legal and taxation implications concerning the financing of corporates and will be of great use to postgraduate students in commercial law, corporate advisors, lawyers, in-house counsel, financial institutions and SARS employees.
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Take implementation, good faith and disclosure clauses seriously
Where one of the parties to a contract had secretly entered into agreements with third parties to gain an unfair advantage for itself, the court held that it was in breach of the good faith and non-disclosure provisions and liable for damages.
Importing a tacit term into a contract
Where a non-variation clause and a whole agreement clause were included in a comprehensive contract dealing in detail with the subject matter between the parties, the court refused to import a tacit term into the contract.
























