South Africa Case Law

Liberty Group Limited and Others v Mall Space Management CCt/a Mall Space Management (644/18)

Liberty Group Limited and Others v Mall Space Management CCt/a Mall Space Management (644/18) [2019] ZASCA 142; 2020 (1) SA 30 (SCA) (1 October 2019)

Court

Supreme Court of Appeal

Case number

644/18

Judges

Leach, Tshiqi, Swain, Zondi, Mocumie

The Supreme Court of Appeal held that the contract between Liberty Group and Mall Space Management was a mandate terminable at will by the principal under common law, with no obligation to provide notice unless expressly agreed. The court rejected the high court's reliance on Ubuntu and fairness as self-standing bases for imposing a notice period, confirming that such values inform but do not override established contract law principles. The evidence showed Mall Space failed to account properly for rental income and was in arrears, justifying termination. The claim of unlawful competition aga…

Source excerpt

• Contract Of Mandate
• Termination Of Agency
• Ubuntu In Contract Law
• Unlawful Competition
• Final Interdict
• Public Policy

Woolworths (Pty) Ltd v P Christodoulou And Sons Textiles and Another (A391/2012, 3541/2012)

Woolworths (Pty) Ltd v P Christodoulou And Sons Textiles and Another (A391/2012, 3541/2012) [2014] ZAWCHC 8 (10 February 2014)

Court

Western Cape High Court, Cape Town

Case number

A391/2012, 3541/2012

Judges

Hlophe, Samela, Rogers

The court upheld Woolworths’ appeal, refusing rectification of a franchise addendum because the respondents did not prove a common intention to extend the term.

• Rectification Of Contract
• Tacit Agreement
• Franchise Agreement
• Contractual Consensus
• Good Faith
• Ubuntu In Contract Law