South Africa Case Law

Twenty Third Century Systems (Pty) Ltd and Another v SAP African Region (Pty) Ltd (2020/40953)

Twenty Third Century Systems (Pty) Ltd and Another v SAP African Region (Pty) Ltd (2020/40953) [2022] ZAGPJHC 333 (16 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/40953

Judge

N Manoim

The court held that the exclusion of liability and time bar clauses in the agreement between TTCS and SAP survive termination, even where the contract was repudiated by SAP. The court found these clauses to be analogous to arbitration clauses, which are intended to operate in the event of a dispute, including after termination. The agreement expressly provided for the survival of these clauses, and they were reciprocal in nature, applying to both parties. The court rejected the plaintiffs' argument based on the doctrine of approbate and reprobate, distinguishing the present clauses from notic…

Source excerpt

• Contract Termination
• Exclusion Of Liability
• Time Bar Clauses
• Approbate And Reprobate
• Survival Of Contract Terms

Thomas v Henry and Another (74/85)

Thomas v Henry and Another (74/85) [1985] ZASCA 56; [1985] 2 All SA 416 (A) (30 May 1985)

Court

Supreme Court of Appeal

Case number

74/85

Judges

Rabie, Corbett, Cillié, Botha, Van Heerden

The court held that continued trading after cancellation did not, on these facts, amount to waiver of the right to rely on cancellation.

• Contract Cancellation
• Waiver Of Rights
• Misrepresentation
• Approbate And Reprobate
• Contract-cancellation
• Waiver-of-rights