Odgers v De Gersigny (32/06)
Odgers v De Gersigny (32/06) [2006] ZASCA 125; 2007 (2) SA 305 (SCA) (30 November 2006)
The Supreme Court of Appeal held that the maintenance agreement between the parties was contractual and governed by its express terms. The agreement specified the duration and quantum of maintenance payments but was silent on termination upon remarriage or death. The court found that, in the absence of an express provision, no implied term could be read into the contract to terminate maintenance on remarriage or death, especially where such an implied term would conflict with the express duration specified. The court distinguished the authorities relied upon by the appellant, noting that they…
Source excerpt
- Maintenance After Divorce
- Implied Terms In Contract
- Remarriage Effect On Maintenance