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contractual discretion

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Exercise of contractual discretion must be reasonable and in good faith

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on February 5, 2025

In late January 2025 the Supreme Court of Appeal held that, in circumstances where a contractual discretion is to be exercised impacting on the counterparty’s performance, the discretion must be exercised in good faith, with reasonable judgment, and without arbitrariness (known under the common law as the arbitrio bono viri standard). The court held that…

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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