by Christelle | Apr 9, 2019 | Uncategorized
In terms of South African law, it is common practice for Debtors and Creditors to negotiate debt and terms of payment on a “without prejudice” basis. In general, parties feel liberated to negotiate without prejudice, due to the fact that these settlement negotiations...
by Christelle | Mar 11, 2019 | Uncategorized
We have lately been confronted with some interesting questions from RMI4law members pertaining to the issue of driving with an expired drivers licence card, one of which was whether it is, in fact, an offence to do so in light of the provisions of regulation 101(2)(a)...
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...
