Results for contractual dispute

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ConCourt judgment clarifies contractual fairness
ConCourt judgment clarifies contractual fairnessArticle

An issue, which has been shrouded in uncertainty in South African contract law, is when courts may refuse to enforce valid contractual terms on the basis that it considers that enforcement would be unfair, unreasonable or unduly harsh. The Constitutional Court in the case of Beadica 231 CC and Others v Trustees for the time being of Oregon Trust, has finally offered some clarity...

Rishal Bipraj 11 Sep 2020

Can an employee be dismissed for lodging a false grievance?
Can an employee be dismissed for lodging a false grievance?Article

Dismissing an employee for lodging a false grievance does not amount to an automatically unfair dismissal...

Jacques van Wyk and Andre van Heerden 9 Sep 2020

Contract terms vs principals of fairness and public policy
Contract terms vs principals of fairness and public policyArticle

Over the years, and particularly since the dawning of the Constitutional era, litigants have tried to rely on the principals of fairness and public policy to justify departure from certain contractual obligations...

Rosanne Kinder 9 Sep 2019

Delayed, non-payment of subcontractors contributing to construction industry crash
Delayed, non-payment of subcontractors contributing to construction industry crashArticle

As delayed or non-payment of subcontractors by main contractors occurs more frequently within the South African construction industry, subcontractors are faced with the dilemma of either accepting work on onerous terms and risking late or non-payment or closing their doors...

28 Jun 2019

Desalination plant ends contract with City of Cape Town
Desalination plant ends contract with City of Cape TownArticle

Quality Filtration Systems (QFS), the V&A Waterfront desalination plant owner, has terminated its water supply contract with the City of Cape Town and will pursue legal action. The city was notified of this decision on 7 May...

Kristine Liao 15 May 2019

How blockchain will disrupt the entertainment and media industry
How blockchain will disrupt the entertainment and media industryArticle

Blockchain has the potential to grow into a key capability, helping companies in the entertainment and media industry to keep track of content assets, avoid contractual disputes and establish the certainty and accountability that will foster trust with business partners and customers...

Paul Mitchell 12 Nov 2018

Junk status - what it means for the construction industry
Junk status - what it means for the construction industryArticle

South Africa's downgraded status by international agencies is likely to have significant impact on the construction industry as the cost of credit rises, particularly in existing contracts...

Chris Bennett 11 May 2017

Recent Constitutional Court decision on arbitration raises questions
Recent Constitutional Court decision on arbitration raises questionsArticle

The Constitutional Court recently handed down a judgment that may ultimately prove to be a significant departure from South Africa's established legal practice, at least insofar as contractual relations in the petroleum retail industry are concerned...

Jonathan Ripley-Evans 18 Apr 2017

Jonathan Ripley-Evans
Arbitrary arbitrations and fairnessArticle

The Constitutional Court often introduces principles of equity and fairness which are enshrined in the constitution when dispensing justice...

Jonathan Ripley-Evans 6 Apr 2017

Ex-Saint Laurent designer wins USD13m payout in contract dispute
Ex-Saint Laurent designer wins USD13m payout in contract disputeArticle

PARIS, FRANCE: Hedi Slimane, the former creative director of French fashion house Saint Laurent, is to receive $13 million in a contractual dispute over his departure from the company, his lawyer said on Wednesday, 29 June 2016...

1 Jul 2016

Merger between Drake Flemmer and Orsmond, Terence Mathie Attorneys in Eastern Cape
Merger between Drake Flemmer and Orsmond, Terence Mathie Attorneys in Eastern CapeArticle

Drake Flemmer and Orsmond (DFO), one of the oldest law firms in East London, being established in 1888, and Terence Mathie Attorneys, founded in 2006 have announced their merger...

8 Mar 2016

Subway franchise.
Photographer: Noor Khamis
Image source:
Ombud to foster accord in franchisesArticle

On 29 January, the commissioner of the Consumer Commission published the long-awaited draft franchise industry code under Section 82 of the Consumer Protection Act for comment...

Lucinde Rhoodie and Freddie Terblanche 2 Mar 2016

Gareth Cliff wins mammoth lawsuit against M-Net
Gareth Cliff wins mammoth lawsuit against M-NetArticle

Axed Idols judge Gareth Cliff won a mammoth lawsuit against M-Net on Friday, hours before the first auditions for the show were due to start...

29 Jan 2016

Dealers to fight MTN over commissions
Dealers to fight MTN over commissionsArticle

MTN is being taken to court by 41 disgruntled MTN store owners who filed an application over a reduction in commissions...

8 Sep 2015

Siemens, John Wood seek joint venture approval
Siemens, John Wood seek joint venture approvalArticle

Two global energy and electrical engineering companies‚ Siemens and John Wood Group‚ want to form a joint venture and are asking for the approval of the South African competition authorities to press ahead with the deal.

Amanda Visser 10 Jan 2014

PFA orders employer to pay pension
PFA orders employer to pay pensionArticle

An employer who withheld an employee's pension pay out on grounds that his mismanagement of stocks had caused losses of more than R2.7m has been ordered by the Pension Funds Adjudicator to pay the withdrawal benefit.

10 Dec 2013

Taxpayers will have to pay for delays in Eskom's Medupi
Taxpayers will have to pay for delays in Eskom's MedupiArticle

Natasha Michael, Democratic Alliance (DA) shadow minister of public enterprises, told ESI-Africa that the recent violent protests at Eskom's Medupi power station are going to drag-out power stations construction at the expense of the taxpayer. "The Public Enterprises Committee," Michael said, "has heard nothing from Eskom about the recent delays, despite the power station reportedly being about 20 months behind schedule and the total costs, including interest, amounting to R116 billion and counting."

26 Sep 2012

Plan to extend Gautrain in Pretoria
Plan to extend Gautrain in PretoriaArticle

The Gautrain could loop through Pretoria in its next phase, connecting suburbs around the central business district that are home to 400000 people, two universities, 48 government departments, six hospitals and 30 schools, Gautrain Management Agency CEO Jack van der Merwe said on Tuesday, 29 May 2012.

1 Jun 2012

Airbus refunds SA R3,5bn after legal wrangleArticle

Business Day reports that European aircraft giant Airbus has refunded R3,5bn to state arms procurement agency Armscor, following two years of legal wrangling between the parties after repeated delivery delays and complaints of cost increases, terminating a contractual dispute that arose when SA cancelled an order for eight A400M military transporters in 2009.

22 Dec 2011

Airbus coughs up R3,5-billion to ArmscorArticle

After years of contractual disputes, Airbus has refunded Armscor R3,5-billion on the aborted deal to buy eight A400M transporter planes, according to a Times Live report.

21 Dec 2011

See you in court (eventually) – or arbitrate nowArticle

If there is one clause that every filmmaker should always ensure is included in every contract associated with a project – regardless of whether it's to do with licensing or labour issues, distribution or intellectual property – it's an arbitration clause. So says Charl Groenewald, entertainment lawyer, lecturer and author of the book The Laws of Movie-Making.

28 Sep 2007

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