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
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 dispute over the right to develop a property the developer claimed a right in terms of an agreement of sale that contained a number of suspensive conditions that had not been met. In these circumstances a party cannot enforce any rights arising from the agreement.
The agreement of sale was subject to conversion