Pick n Pay Retailers (Pty) Ltd v Pine Valley Supermarket (Pty) Ltd (8209/2014)
Pick n Pay Retailers (Pty) Ltd v Pine Valley Supermarket (Pty) Ltd (8209/2014) [2015] ZAKZDHC 27 (20 March 2015)
The court found that the respondent was in breach of its obligations under both the franchise agreement and the payment variation agreement, and had not remedied the breach by the time the urgent application was launched. The acceleration clauses in the bond and agreements were triggered, rendering the bond executable. The Payment Variation Agreement did not novate the bond or the underlying debt. The court held that the Consumer Protection Act did not apply to the franchise agreement as it was a pre-existing agreement, and subsequent addenda did not alter its status. The respondent failed to…
Source excerpt
- Notarial Bond Perfection
- Franchise Agreement Enforcement
- Consumer Protection Act Scope
- Competition Act Vertical Practices
- Contractual Acceleration Clause
- Attorney And Client Costs