Category: impossible or illegal

Security clearance denied: Termination of employment

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Security clearance denied: Impossibility or incapacity?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Performance obligations impossible: Must be absolute

Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC Performance obligations impossible only when the performance is absolute and brought about by vis major or casus fortuitous and then it could excuse performance but it...

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Security clearance: Valid and fair reason to dismiss

Armaments Corporation of SA (Soc) Ltd v CCMA (JR1961/13; JR1510/13) [2016] ZALCJHB 14 (20 January 2016) per Whitcher J. On review the Labour Court upheld the reason for dismissal as being valid and fair.  The reason related to...

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Mistaken common assumptions: Legal consequences?

Van Reenen Steel (Pty) Ltd v Smith NO Mistaken common assumptions considered by SCA and agreed that ‘a common mistake relating to the existence of a particular state of affairs will not render the contract void unless it can be...

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Foreseeing contractual performance: Various scenarios

Nuclear Fuels Corporation of SA (Pty) Ltd v Orda AG Foreseeing contractual performance and SCA pointed out that what is not altogether clear is whether certain factors assist in determining the existence if vis major or, vis...

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