Unilateral variation of contractual terms

This blog was co-authored by Adrienne Hendricks, Trainee Associate and Adriaan Lourens, Candidate Attorney.

The Supreme Court of Appeal recently reaffirmed the principle that a contracting party exercising unilateral discretion must do so in good faith, with reasonable judgment, and without arbitrariness (the arbitrio boni viri principle).

A major retail franchisor and its franchisee entered