Navigating Force Majeure in South African Contracts
Introduction Force majeure is a contract clause that frees both parties from liability or obligation when an extraordinary event or circumstance is beyond the parties’ control. Examples of these events can be a war, strike, riot, crime, plague, or an event...
COMMERCIAL CONTRACTS AND THE CONSIDERATIONS
The role of public policy considerations, norms of fairness and constitutional values such as Ubuntu in the law of contract, have long caused legal uncertainty. However, a recent decision in the Constitutional Court has now put an end to this. A recent case In...
Has POPIA Finally Been Given a Set of Teeth?
Many critics have noticed a trend in court decisions not to invoke POPIA, or the Protection of Personal Information Act 4 of 2013, as amended, in its reasoning toward judgments. For example, even the recent order to publish Matric results in the media lacked judgment...
Recent Comments