n Without Prejudice - A contract is the sum of its parts : contract law

Volume 15, Issue 10
  • ISSN : 1681-178X



In the recent Supreme Court of Appeal decision of (20229/2014) [2015] 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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