In recent times, there has been increasing debate and court judgment dealing with the question whether an agreement between two reasonable business persons is at risk of being invalidated by invoking unreasonableness, unfairness and public policy considerations, viewed against the background of legal certainty and pacta sunt servanda (the principle that contracts freely entered into between parties must be honoured and, if necessary, enforced by the courts)…
In the commercial agricultural sector, there existed a longstanding practice in which the holder of water rights who was not utilising the rights, or only using part of the quota, could sell to or trade such rights with a third party…
SONTSELE V 140 MAIN STREET PROPERTIES CC AND ANOTHER (328/2019) [2020] ZASCA 85 (6 JULY 2020) A 10 year lease agreement included an option to renew, subject to agreement regarding adjusted rental. At the end of the initial lease period and after indicating that it wanted to exercise the option to renew the lease, the tenant stayed on in the premises for a further 12 months, increasing the rental payment by its own doing in accordance with what it estimated was a market-related adjustment…
This judgment deals with an interesting factual scenario. What is an executor of a deceased estate to do where the deceased is reflected as co-owner of a property although the deceased previously agreed, in a divorce order, that his half share in the property would go to his wife?,,,
