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Christo Strydom Nutrition v University of the Free State (A169/2022) [2023] ZAFSHC 482 (12 December 2023)
Appeal against an exception in a contract dispute succeeded. The court held that a pleaded tacit term and rectification defence were not excipiable.
De Villiers v McKay NO and Another (231/07) [2008] ZASCA 16; [2008] 3 All SA 1 (SCA); 2008 (4) SA 161 (SCA) (27 March 2008)
The Supreme Court of Appeal held that clause 9 of the contract constituted an 'entire agreement' clause, which excluded the legal relevance of the undertaking and any prior oral agreements. The appellant's inability to perform the undertaking was therefore irrelevant to his obligations under the contract. The respondents failed to provide sufficient evidence to justify rectification of the contract to delete clause 9. The obligations under the contract and the undertaking were not reciprocal, and the impossibility of performance of the undertaking did not affect the enforceability of the cont…
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