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Unfettered contractual discretion

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Unfettered contractual discretion may be fettered by public policy and good faith

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on February 5, 2025

In late January 2025, in the course of deciding whether a contractual decision to vary a contract had to be exercised in good faith, with reasonable judgment and without arbitrariness (a more detailed blog will be found here) the court referred in passing to a contract providing unfettered discretion.

The court left open the…

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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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