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South Africa Case Law

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Commercial And Corporate [2023] ZASCA 16

G Phadziri & Sons (Pty) Ltd v Do Light Transport (Pty) Ltd and Another (765/2021)

G Phadziri & Sons (Pty) Ltd v Do Light Transport (Pty) Ltd and Another (765/2021) [2023] ZASCA 16 (20 February 2023)

The Supreme Court of Appeal held that a tripartite transport agreement was not void for vagueness and that no tacit term allowed termination on reasonable notice.

  • Contract Vagueness
  • Tacit Terms
  • Public Transport Services
  • Contract Enforcement
  • Contract-law
  • Contract-vagueness
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Civil Procedure [2012] ZAGPJHC 127

Zerga and Others v TT Empowerment CC (43785 / 2011)

Zerga and Others v TT Empowerment CC (43785 / 2011) [2012] ZAGPJHC 127; [2012] 4 All SA 472 (GSJ) (14 June 2012)

The court held that a consent order cannot be unilaterally cancelled. It rejected a vagueness attack on clause 3 and dismissed the application with costs.

  • Consent Order
  • Contract Vagueness
  • Rescission Of Judgment
  • Right Of First Refusal
  • Eviction
  • Declaratory Relief
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Commercial And Corporate [2001] ZASCA 128

De Beer v Keyser and Others (195/2000)

De Beer v Keyser and Others (195/2000) [2001] ZASCA 128; [2002] 1 All SA 368 (A); 2002 (1) SA 827 (SCA) (23 November 2001)

The Supreme Court of Appeal held that a franchise agreement was sufficiently certain, not contrary to public policy, and enforceable. The appeal was dismissed.

  • Franchise Agreement
  • Contract Vagueness
  • Public Policy
  • Reciprocity Of Obligations
  • Franchise-agreement
  • Contract-vagueness
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Commercial And Corporate [1996] ZASCA 140

Namibian Minerals Corporation Ltd. v Benguella Concessions Ltd. (430/94)

Namibian Minerals Corporation Ltd. v Benguella Concessions Ltd. (430/94) [1996] ZASCA 140; 1997 (2) SA 548 (SCA); [1997] 1 All SA 191 (A); (27 November 1996)

Appeal over a mining joint venture’s farm-in clause and contract certainty. The court held the clause too vague in key respects, but also discussed timing and interpretation.

  • Contract Vagueness
  • Joint Venture Agreements
  • Option Clauses
  • Parol Evidence Rule
  • Contractual Interpretation
  • Contract-vagueness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.