This blog was co-authored with Adam Butler, Candidate Attorney.

Introduction

Force majeure clauses are contained in most contracts dealing with international trade, from sale and supply agreements to charterparties and contracts of affreightment.  With the numerous disruptions in the last few years caused by climate change, piracy, war, civil commotions and the pandemic, they provide

Co-authored by Ngarothe Netshipale

The Supreme Court of Appeal upheld an eviction order against a lessee who argued that the lessor had repudiated the lease agreement and had no right to unilaterally cancel it.  The court found no repudiation and confirmed that the lessor could rely on a termination clause within the agreement.  The court

Co-authored by Jos Fogle – Candidate Attorney

On 4 June 2024, the Supreme Court of Appeal held that a settlement agreement between a beneficiary and a guarantor does not give the principal debtor the right to challenge the guarantor’s payment to the beneficiary.

Construction work was subcontracted to a contractor by the beneficiary. The contractor