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South Africa Case Law

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Commercial And Corporate [1985] ZASCA 6

Nash v Golden Dumps (Pty) Ltd. (44/85)

Nash v Golden Dumps (Pty) Ltd. (44/85) [1985] ZASCA 6; [1985] 2 All SA 161 (A) (27 March 1985)

The Supreme Court of Appeal found that the letter of 19 September 1980 constituted both an employment contract and a separate mandate, with Nash's entitlement to 200 000 shares contingent upon the successful conclusion of negotiations abroad to secure working capital for the merger. Nash fulfilled this mandate by introducing Laing and Cruickshank, resulting in the underwriting agreement and rights issue. The Court held that the share option was not merely part of Nash's remuneration package but a reward for carrying out the mandate. The employment contract and the mandate were legally separab…

  • Share Option Agreement
  • Contractual Mandate
  • Repudiation
  • Remuneration Package
  • Accrued Rights
  • Employment Contract
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