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developing skills in the work place

Is a term undertaking to agree legally enforceable?

In some agreements, most specifically lease agreement (as in a case in point) terms are usually included which state that specific terms shall be negotiated and agreed to between the parties (at a later stage). The question that the Supreme Court Appeal was faced with was whether the specific performance of such a term (to […]

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Contracts

The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause

Today, almost all Commercial Contracts entered into include non-variation clauses. A non-variation clause is a contractual provision which restricts the variation and/or cancellation of an Agreement. Any variation or cancellation of the Agreement will therefore not be of any effect unless reduced to writing and signed by the parties concerned. Not all parties to a […]

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What happens when the heading and body of agreement differ?

It 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 […]

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