Category: Factual disputes

Badenhorst rule applied: Sale and service agreement

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

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Arbitration award binding: Right to be wrong

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Enforcing restraint provisions: Document not signed

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Grossly irregular award: Negligence serious

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Rebutting deeming provision: LRA s198B(5) and novation

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Mutually destructive versions: Inference and credibility

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Alcohol consumption detected: Fairness principles applied

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Unduly formalistic approach: Gross irregularity

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Plascon-Evans restated: Resolving factual disputes

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Parol evidence rule: Invoked to enforce agreement

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