An arbitration clause should never be drawn so broadly that the arbitrator determines the wording of the contract. Arbitrators should be asked to interpret contracts and not make them for the parties.
The consequences of such a broad arbitration clause could be that the arbitrator imposes contract terms on the parties which they would never
The courts have reaffirmed that if suspensive conditions in an agreement are not fulfilled timeously the agreement will not be binding on the parties. This is not cured by either party performing in terms of the agreement.
Suspensive conditions and how they must be fulfilled must be precisely and carefully drafted.
Facts of the case
When ascertaining the meaning of a contract, a court will first have regard to its wording. The wording must be considered in the context or factual matrix in which the contract was concluded. That is so even if, on the face of it, the words are clear. Where the words are ambiguous or lack clarity,
Where a decision must be taken “after consultation with” someone else, prior consultation is necessary but it remains the consulting party’s decision.
Only consultation is required. Consensus or agreement is not required.
You have to consult in good faith before taking the decision.
When you use the phrase “provided that” remember that what follows qualifies what goes before it. It is not read as a separate provision in its own right.
Where a provision in a contract sets out a list of things the parties “may include” the court said that this “unquestionably signifies that the list is not exclusive”. The phrase may therefore be used to avoid the clumsy “includes, but is not limited to”.
If you choose an informal arbitration you will usually have to accept the outcome whether you like it or not.
In Reward Ventures 01 CC v Walker the arbitration agreement provided that the arbitration must be held “in a summary manner … on the basis that it shall not be necessary to observe or carry
This is how you interpret a contract:
There are good reasons for putting a ‘no-cession’ clause in a contract. For one, it is binding on a trustee or liquidator of the insolvent creditor.
Personal rights can be ceded
All personal rights can be freely ceded unless they are of a personal nature where a particular person is expected to perform the obligations
The attestation at the end of an affidavit is not a formality. It is a serious part of every affidavit and must be carefully checked for correctness every time.
A female witness in court proceedings signed an affidavit in the presence of a commissioner of oaths but the commissioner of oaths certified in the standard