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In Theodosiou and Others v Schindlers Attorneys and Others [2022] 2 All SA 256 (GJ), effect of invalid contingency agreements on underlying settlement agreements and court’s discretion to inquire into the merits thereof.
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Poor execution or contract management such as a belief by the parties that an electronic signature is binding, when in fact it does not meet the applicable legal provisions necessary for validity, may result in your businesses suffering an inability to remedy the consequences of a breach.
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In Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd [2021] 4 All SA 106 (WCC), delictual damages for pure economic loss caused to a plaintiff by defendant’s alleged causal negligence. No established legal precedent for the claim asserted, but conduct fell short of the standards of decency and fairness that informs the substantive law of contract.
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Astral Operations Ltd t/a Early Bird Farm - the proper interpretation of the terms of the contract between the parties with specific reference to allegations that ‘usual prices’ for goods sold were not the usual prices, and if lower, whether the contract was breached.
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In University of Johannesburg v Auckland Park Theological Seminary and Another 2021 (3) BCLR 807 (CC), contextual evidence is not precluded by the parol evidence rule in a delectus personae inquiry as it does not seek to add to, vary, modify or contradict the terms of an agreement but gives context and background when interpreting the rights under the agreement.