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Some issues of interest in regard to contracts

Published on May 21, 2024

• It is permissible to exempt a contracting party from loss caused by the deliberate wrongdoing of an employer.
  (FUJITSU SERVICES vs. SCHENKER 2024(6) S.A. 827 S.C.A.)
• The “Mandament van Spolie” may not be available if the Applicant went further by seeking relief over and above the restoration of the disputed property. (Stick to the essentials necessary to prove unlawful deprivation). (GRACEFUL BLESSINGS vs. ZANDER 2024 (2) S.A. 441 (FSD))
• A clause in a rental agreement providing that the lesser may upon default by the lessee take any step for the eviction of the lessee is contrary to public policy and illegal.
  (GRACEFUL BLESSINGS SUPRA)
• A financial service provider has a duty of care towards an investor-the duty to exercise reasonable skill and care and the care duty to protect the investor against economic loss through business and e-mail compromise.
  (LESTER CONNOCK FUND vs. BROUGH CAPITAL 2024(2) S.A. 486 (GLD))
• It is unfair for a wedding planner to withhold a deposit paid by a to-be-bride for non-performance during the Covid pandemic. (Various scenarios, depending on the facts, are possible.)
  (AHMR HOSPITALITY VENUE vs. DA SILVA 2024 (3) SA 100 (WCC))

M.W. Attorneys