by Christelle | Jan 16, 2019 | Uncategorized
Pacta Sunt Servanda, is a common law principle that literally translated means “agreements must be kept”. In terms of this principle parties are required to perform all obligations imposed on them in terms of the agreement. I In the case of Barkhuizen v Napier the...
by Christelle | Nov 15, 2018 | Uncategorized
A very important principle in the law of contracts is the principle of contractual freedom. This principle entails that parties to a contract can, in general, agree on any terms. When parties then enter into a contract, the further principle of pacta sunt servanda,...
by Christelle | Oct 15, 2018 | Uncategorized
Going back to basics with regards to contracts, the prerequisites for a contract to be valid (such as consensus, formalities, free will and/or intent, possible performance, good faith, lawfulness and certainty) appear to be simple and the remedies (such as specific...
by Christelle | Sep 11, 2018 | Uncategorized
In the matter of SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren and Others 1964 (4) SA 760, the standard non-variation clause, known as “the Shifren clause”, was recognised by the Supreme Court of Appeal. The Shifren clause is an entrenchment clause and in principle...
by Christelle | Aug 10, 2018 | Uncategorized
YOUR COMPANY, YOUR REPUTATION AND SOCIAL MEDIA Social media is here to stay. This is evident from the number of everyday users of social media platforms such as Facebook, LinkedIn, Twitter, Instagram and the like. Companies might have noticed an increased social...
