The Supreme Court of Appeal restated the principles on liability for unlawful competition by the use of the trade secrets of a competitor. Every person is entitled to freely carry on their trade or business in competition with rivals but the competition must remain within lawful bounds. If it involves a wrongful interference with another’s
Unlawful competition
Delictual claim for unlawful interference with contract reined in
By Patrick Bracher (ZA) on
In the battle between Pick ‘n Pay and Masstores for exclusive rights to trade as a supermarket in a shopping complex the Constitutional Court, in holding for Masstores, has set out the limits for this type of delictual claim.
Pick ‘n Pay sued Masstores directly because their method of trading allegedly infringed Pick ‘n Pay’s…