Previous decisions suggesting that a preamble does not affect the interpretation of a contract are no longer correct in the light of the modern approach to interpretation of contracts which gives consideration to the language used, the context and the purpose of the document.
In a decision of the Supreme Court of Appeal in late
In a January 2025 judgment the Supreme Court of Appeal again affirmed the principle that where an agreement lapses automatically because of the failure to fulfil the suspensive terms of the contract, the lapsed contract cannot be amended or revived. The parties have to enter into a new agreement.
It was a condition of a
On 29 November 2024 the Supreme Court of Appeal found that, where the National Consumer Commission was represented in the high court by a former attorney who had no right of appearance because his name had been struck from the roll of legal practitioners, it fundamentally prejudiced the administration of justice and the proceedings were a
This blog was co-authored by Hannah Howell, Candidate Attorney.
In October 2024 the Supreme Court of Appeal ruled that an agreement for the purchase of immovable property could not be revived by an addendum to the existing agreement. A new agreement is required subsequent to the lapse of a suspensive condition contained in the agreement.
In a previous blog, we illustrated that an applicant needs to meet all the legal requirements for urgent interim relief before a court will grant such relief. On 17 September 2024, the Supreme Court of Appeal (SCA) handed down a judgment which reaffirmed this point.
The matter arose from a dispute between the
On 8 April 2024 the Supreme Court of Appeal delivered a judgment affirming that the residence of the defendant alone does not confer jurisdiction on the South African courts where no other link exists between the claim and the jurisdiction of the South African courts.
A South African company sought an order in terms
The Supreme Court of Appeal (SCA) upheld an arbitration award that was challenged by the buyers of shares in a company, who argued that the arbitrator had ignored their suggestion to hold a separate hearing on one of the claims. The SCA found that the suggestion was not binding on the arbitrator, and that he
The courts get called upon to decide some extraordinary things (often in custom duties matters). The Supreme Court of Appeal on 09 October 2023, for the purposes of the import tariffs under the Customs and Excise Act of 1964, came to the surprising conclusion that a bicycle frame and fork bear the essential character of
This blog was co-authored by Candidate Attorneys, Hansica Naidu and Jeneil Peterson.
The purpose of an admission of fact is to narrow the issues which will need to be determined by a Court. In order to do so, this must be done correctly and in accordance with section 15 of the Civil Proceedings Evidence Act
This blog was co-authored by Felix Le Roux, Candidate Attorney.
In a September 2023 judgment, the Supreme Court of Appeal (SCA) affirmed that a court is entitled to declare a contract unlawful and invalid on administrative law grounds, even in the absence of a review application by the party raising such grounds.
In October