oa De Rebus - Fixed or flexible : Shifren 'shackle' : feature



The Shifren principle came about in the Appellate decision of 1964 (4) SA 760 (A). This principle is set out in 2002 (4) SA 1 (SCA) as follows: 'contracting parties may validly agree in writing to an enumeration of their rights, duties and powers in relation to the subject matter of a contract, which they may alter only by again resorting to writing'. This principle more commonly known as the enforcement of non-variation clauses on parties namely, binding parties to non-variation clauses (entrenchment clauses).


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