n Without Prejudice - The law helps those who help themselves : contract law

Volume 11, Issue 6
  • ISSN : 1681-178X



Those involved in major projects, especially in the construction industry, must ensure that they are properly protected against eventualities by the terms of their contracts. When a party has had the opportunity to protect itself in this way and fails to do so, the courts generally will not come to that party's assistance if it suffers loss. This principle was highlighted by the recent Supreme Court of Appeal decision in (294/10) [2011] ZASCA 58 (31 March 2011).

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