Cluver Markotter

contracts

Breach of contract by bona fide insisting on incorrect interpretation of the contract by Pierre Lombard

A contract party may commit breach of contract by insisting on the incorrect interpretation of a material term of the contract, even if acting in good faith (bona fide). This was decided recently by the Supreme Court of Appeal (“SCA”), in the case of Starways Trading 21 CC and Others v Pearl Island Trading 714 …

Breach of contract by bona fide insisting on incorrect interpretation of the contract by Pierre Lombard Read More »

Can you validly amend a contract by e-mail? by Lizl Barnard

In today’s digital age, business communications and negotiations are often conducted by e-mail, and electronic transactions with electronic signatures are common. In a recent case the question arose whether an agreement containing a clause requiring amendments and cancellation to be in writing and to be signed by the parties can be validly cancelled by e-mail. …

Can you validly amend a contract by e-mail? by Lizl Barnard Read More »

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