In a recent appeal before the Supreme Court, the court was asked to consider the basis upon which it may infer a tacit term into a written contract. SAFA and Fli-Afrika concluded a joint venture agreement which provided that Fli-Afrika would source and supply 2500 Football World Cup packages to SAFA and its designates per […]
Contract interpretation and tacit terms Read More »
A simulated transaction is one which expresses an ostensible intention of the parties thereto, which differs from their actual intention. South African law requires that its courts give effect to the parties’ actual intention, particularly in circumstances where the recorded intention is so recorded to circumvent any law or requirement, or evading tax. The courts
Simulated transactions and controlled foreign companies: Sasol V SARS Read More »
In a recent appeal before the Supreme Court, the court was asked to interpret a customary warranty written in a lease. A and B signed a lease in which B warranted that its premises would comply with the applicable health and safety laws. Ordinarily, the local authorities inspect buildings to make sure they meet the
Do your contractual warranties properly cover your business risks Read More »
