In this appeal the Supreme Court of Appeal found that a party to a contract could, to avoid liability, rely on the exclusion of damages clause and time-bar clause despite their repudiation of the agreement having resulted in cancellation.
It was undisputed that the contract precluded a claim for damages for loss of profit and
In April 2025 the Supreme Court of Appeal held on the facts that an alleged oral agreement between two family trusts was not valid and binding because there was no meeting of the minds between the negotiating parties, particularly as to the purchase price for the shares.
The parties had fallen out and, at an
On 17 March 2025 the High Court dealt with an all-too-common situation where an oral agreement between good friends and business partners had not been reduced to writing. The business relationship was implemented and money paid without formal written agreements setting out the rights and obligations of each party. The court found that the investor
The July 2021 Supreme Court of Appeal judgment in Capitec Bank Holdings Limited v Coral Lagoon Investments 194 (Pty) Ltd and Others (10530/2020) [2021] ZAWCHC 65, deferred to the Constitutional Court in Beadica 231 CC and Others v Trustees, Oregon Trust and Others [2020] ZACC 13; 2020 (5) SA 247 (CC) which authoratively dealt with
The Constitutional Court has reaffirmed that that approach to interpretation of contracts requires that from the outset one considers the context and the language together with neither predominating over the other.
Context and