Electricity Consumption & Unjust Enrichment Claim
The Supreme Court of Appeal (SCA) delivered a judgment on 28 March 2024, in the case of Prasa Real Estate v Community Property Company and eThekwini Municipality, concerning a contractual dispute over electricity consumption. The sale of a business lacked tacit...
Enhancing Legal Certainty: Understanding the Limitations of Memorandum of Understanding (MOU) as a Legal Instrument
Contracts are crucial in the world of business and governance as they define relationships and responsibilities. Among these, the Memorandum of Understanding (“MOU”) often serves as a preliminary document that outlines the terms and conditions of a potential agreement...
Understanding Fairness In Contract Agreements: The Role Of Good Faith
Introduction In the realm of South African contract agreements, a pivotal element at play is the concept of good faith. It’s not just legal terminology; it represents a fundamental value shaping the interpretation and enforcement of contracts. This article takes...
Navigating Force Majeure in South African Contracts
Introduction Force majeure is a contract clause that frees both parties from liability or obligation when an extraordinary event or circumstance is beyond the parties’ control. Examples of these events can be a war, strike, riot, crime, plague, or an event...
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