This blog was co-authored with Adrienne Hendricks, Candidate Attorney.
In April 2024 the Supreme Court of Appeal (SCA) dismissed the bank’s appeal from the High Court, finding that the bank was not entitled to enforce a guarantee where the bank had failed to perform its own obligation to increase the facility under the original
A 2005 Australian case has some useful observation about the use of dictionaries in contractual interpretation:
“Dictionaries are not a substitute for the determination of the interpretation and then construction of statutes and other documents.”
In House of Peace Pty Ltd v Bankstown City Council [2000] the court observed, in the context of the use
This blog was co-authored by Saajidah Patel, candidate attorney at Norton Rose Fulbright South Africa.
In February 2024, the High Court in Standard Bank of South Africa v Dikeledi Mogapi & 19 Others underscored the importance of providing courts with persuasive evidence where a party relies on abstract values such as good faith and Ubuntu
The UK Court of Appeal had to decide whether the word “private” in the phrase “private placement, offering or other sale of equity instruments” in an engagement letter only qualified “placement” or alternatively qualified “offering or other sale” as well. The court found it qualified all the nouns listed.
While there is no firm grammatical
The appellant borrowed money in terms of a loan agreement which entitled the lender to pay any rates, taxes, water and electricity on behalf of the borrower and to recover the amount, failing which to execute the debt against the property. When this happened the borrower said that the provision was unenforceable because it was
Co-authored by Jos Fogle – Candidate Attorney
On 4 June 2024, the Supreme Court of Appeal held that a settlement agreement between a beneficiary and a guarantor does not give the principal debtor the right to challenge the guarantor’s payment to the beneficiary.
Construction work was subcontracted to a contractor by the beneficiary. The contractor
In May 2024 the UK Supreme Court held that a requirement that a party to a general force majeure clause is obliged to adopt “reasonable endeavours” to overcome a force majeure event does not include accepting an offer from the other party of non-contractual performance unless there is clear wording to that effect in the