In its June 2021 judgement, the Constitutional Court restated the principles relevant to repudiation of a contract. A party commits the breach of repudiation when through words or conduct that party manifests an unequivocal intention to no longer be bound by the contract or by material obligations forming part of the contract. The intention
Lease agreement
Effect of invalid clause within lease agreement
By Hishaam Khan & Donald Dinnie on
The Supreme Court of Appeal held in March 2020 that an invalid clause in a lease does not necessarily result in the unenforceability of the entire agreement.
Two parties entered into an agreement in terms of which the lessor let the premises to the lessee for a period of ten years and three months. The…