PODCAST | Spotlight on top court ruling on ubuntu in commercial contracts

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South Africa Headlines News

Here's what the Constitutional Court's recent judgment means for the C-suite and others

The power of a court to strike down, or refuse to enforce, a contract that it considers to be unfair, unduly harsh or unreasonable has been controversial in SA law for some time. An unequivocal judgment of the Constitutional Court on the issue was sorely needed, and it presented itself recently in the case of Beadica CC v Trustees for the time being of the Oregon Trust.

The employees established close corporations that concluded 10-year franchise agreements with Sale’s Hire, as well as lease agreements with the Oregon Trust, of which Mr Sale was a trustee. The lessees failed to exercise their renewal rights timeously and were subsequently given notice to vacate the premises shortly before the expiry of their leases.

Source: Law Daily Report (lawdailyreport.net)

 

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