Carolin v World Power Products (Pty) Ltd (JA44/2020)
Carolin v World Power Products (Pty) Ltd (JA44/2020) [2021] ZALAC 34; (2021) 42 ILJ 1898 (LAC) (14 June 2021)
The court found that clause 2.3 of the termination agreement clearly prohibited the disclosure of any information, including client lists, regardless of whether the information was confidential. The appellant's email to former clients constituted a disclosure of the respondent's client list, falling squarely within the prohibited conduct. This act demonstrated a clear and unequivocal intention not to be bound by the agreement, amounting to repudiation. The respondent was entitled to accept the repudiation and treat the agreement as terminated, thereby refusing to pay the settlement amount. Th…
Source excerpt
- Termination Agreement
- Confidential Information
- Repudiation
- Client Lists
- Contractual Obligations