In a recent appeal before the Supreme Court the court was asked to rule on the admissibility of evidence to contradict an express term of a contract and the importation of a tacit term which contradicts an express term. A, an estate agency, employed B in terms of a written employment contract in terms of […]
THE INTERPRETATION OF NON-VARIATION CLAUSES Read More »
In a recent appeal before the Supreme Court, the court was called to rule on the enforceability of agreements forming part of a single transaction. A obtained a loan from B. B finances SMEs where banks are not willing to undertake the risk. B’s business model is to secure a higher rate of return for
FAIRNESS OF ‘EXCESSIVE’ INTEREST Read More »
In a recent appeal before the Supreme Court, the court was called to rule on the enforceability of a suretyship agreement. A and B concluded a sale agreement. Thereafter they concluded a dealer agreement. When the second agreement was concluded C guaranteed A’s obligations to B as a surety. The surety agreement was an annexure
THE ENFORCEABILITY OF A SINGLE SURETYSHIP UNDER MULTIPLE AGREEMENTS Read More »
