Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018)
Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29; 2019 (4) SA 517 (SCA) (28 March 2019)
The Supreme Court of Appeal held that the lessees failed to exercise their options to renew the leases in accordance with the contractual requirements, and the leases terminated by effluxion of time. The court found no public policy considerations or unconscionability that would justify overriding the clear terms of the lease agreements. The principle of pacta servanda sunt remains central to contract law, and courts must exercise caution in refusing to enforce contracts except in the clearest cases of public policy violation. The High Court erred in making new contracts for the parties and d…
Source excerpt
- Lease Renewal Clauses
- Public Policy In Contract
- Pacta Servanda Sunt
- Unconscionability
- Black Economic Empowerment
- Franchise Agreements