n Without Prejudice - A contract is the sum of its parts : contract law
|Article Title||A contract is the sum of its parts : contract law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Malan Scholes and 2 Malan Scholes|
|Publication Date||Nov 2015|
|Pages||50 - 51|
In the recent Supreme Court of Appeal decision ofNovartis South Africa (Pty) Ltd v Maphil Trading (Pty) Ltd (20229/2014)  ZASCA 111, the court was tasked with deciding whether, taken together, a written document, oral agreement and certain e-mails constituted a valid contract. In practice it is often the case, particularly for instance in due diligence exercises, that a practitioner is presented with contracts that have not been signed by all the parties and appear still to require agreement on certain matters. This case demonstrates that the formal documents may only tell part of the story.
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