UNPACKING NON – VARIATION CLAUSES IN CONTRACTS – THE SHIFREN PRINCIPLE
Introduction The era of sealing business deals with a handshake is long behind us. In today’s commercial landscape, formal written contracts govern business relationships. These contracts define the rights, responsibilities, obligations, and available remedies for...
Force Majeure, Refunds, and the Cape Town Marathon: When Life (or Weather) Disrupts a Contract
Introduction During October, thousands of runners descended on the streets of Cape Town to test their endurance against one of the most scenic marathon routes in the world. But behind the months of training, race-day nerves, and personal goals lies something...
Pacta Sunt Servanda: A Cornerstone Of Contractual Certainty In South African Law
Introduction The principle of pacta sunt servanda, Latin for “agreements must be kept”, is a foundational tenet of contract law, embodying the idea that contracts, freely and voluntarily entered into, must be honoured and enforced. In the dynamic...
Understanding Misrepresentation: Definition, Classifications and Insights
Introduction In the realm of contract law, the validity of a contract is intrinsically linked to the concept of consensus between the parties involved. However, this consensus may be vitiated where it has been obtained through misrepresentation....
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