n Without Prejudice - Mauritius commercial law update : Africa Mauritius

Volume 15, Issue 5
  • ISSN : 1681-178X



In the Mauritian case of 2015 SCJ 120 - 15 April 2015, it was decided that a plaintiff who is party to an agreement can establish, on a balance of probability, that the termination of an agreement by the other party was abusive and made in bad faith. Having regard to all the circumstances of the case, claims for damages for and would not be in breach of principle of (that is, a claim cannot be brought both in contract and in tort).

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