What happens when the heading and body of agreement differ?

agreementIt frequently occurs that parties conclude an agreement and upon enforcement of the agreement the discrepancies in the heading and the body of the agreement becomes apparent. One of the requirements for a valid agreement is that the parties needs to have consensus about the nature and terms of the agreement i.e. there needs to be a meeting of the minds.   Exactly this scenario occurred in the recent case of Kilburn v Tuning Fork (Pty) Ltd 2015 ZASCA 53.

 

 

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