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Non-variation

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Tacit agreement to replace an agreement is not a variation

Photo of Yash Naidoo
By Yash Naidoo on March 6, 2018

Our law recognises that an agreement can be concluded tacitly to replace a previous agreement and a non-variation clause does not preclude the parties from doing so. This principle was recently confirmed by the Supreme Court of Appeal.

In Ocean Echo Properties v Old Mutual the parties were contracting under a lease. The landlord sued…

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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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