Contract signing

Fairness vs Certainty in Contract Law – An analysis of the law after Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust

Abstract On 17 June 2020 the Constitutional Court handed down judgment in Beadica 231 CC and Others v Trustees for the time being of the Oregan Trust and Others (2020) ZAC 13, and provided its position on the proper constitutional approach to the judicial enforcement of contractual terms, and, in particular, the public policy grounds…

Contract signing

COVID-19 and its effect on contractual obligations. A discussion on force majeure and supervening impossibility of performance.

Client Alert: COVID-19 and its effect on contractual obligations. A discussion on force majeure and supervening impossibility of performance. It is a fundamental principle in South African law that contracts entered into freely and voluntarily are binding and enforceable between the parties to the contract. However, a party to a contract may be excused from…