n South African Law Journal - Pre-emption as an option? The saga continues in : notes

Volume 125, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



In this note I critically evaluate the decision against a particular hypothesis of the juristic nature of the pre-emption contract and measure it against the distinct enterprise of the option contract (see Deeksha Bhana 'The contract of pre-emption as an agreement to agree' (2008) 71 THRHR 568). In doing so, I diverge from the approach taken by the court where it purports to fit the relevant clause within the parameters of pre-emption. I then pay specific attention to the implications of the relevant statutory formalities that are applicable in the circumstances.

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