Tag: good faith
Conflicts of interest explained
‘Conflict of interest’ means different things to different people - just ask the miscreants who were fingered in the state captured report, who will provide you with an assortment of different definitions to explain away their indiscretions.
Rule 41A and bad faith mediation
In Kalagadi Manganese (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others (2020/12468) [2021] ZAGPJHC 127 (22 July 2021), the court provides some useful comments on the application of High Court Rule 41A requiring litigants to attempt to mediate their dispute, and the question of bad faith mediation.
Do directors only owe a duty to the company?
Is it time to broaden the traditional concept that directors owe a duty to the company only? There is an interdependency between companies and South African society, which mirrors the African concept of Botho, otherwise known as Ubuntu, which translates to ‘I am because you are; you are because we are’.
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.
Momentum’s monumental mistake and the perils of mob-rule
The executives of Momentum insurance appeared recently to have been coerced under popular pressure into making payment of a void policy, thereby upending over 250 years of sound global application of the common law.
