compromise Archives - GilesFiles

Third party notices: Incompetent process

by GilesFiles | Mar 28, 2023 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings, Rules Codes & Manual, Sectors, Special pleas, Third party notice, Topics | 0 |

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,...

Rejecting nullity argument: Jurisdiction lacking

by GilesFiles | Aug 17, 2021 | 2020 onwards, Applications, BM Whitcher, Costs, Courts, Declaratory, erroneously sought, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

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,...

Compromise effected validly: In what circumstances?

by GilesFiles | Mar 25, 2019 | 2019, Causes and defences, Courts, Judges, Legal Practice, SCA judges, Settlement agreements, Supreme Court of Appeal, Topics | 0 |

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,...

Rescission of compromise: No fraud or justus error

by GilesFiles | Oct 3, 2016 | 2016, Causes and defences, Courts, Judges, Legal Practice, Orders, Supreme Court of Appeal | 0 |

The SCA allowed the appeal and set aside the rescission order granted by Molopa-Sethosa J in the high court. A compromise agreement had been made an order of court but the only grounds for rescinding a compromise are fraud...

Settlement agreement terms: Not against public policy

by GilesFiles | May 19, 2016 | 2016, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Public policy, Sectors, Settlement agreements, Topics | 0 |

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,...

Unacceptable mistaken assumption: Intention of parties

by GilesFiles | Dec 8, 1994 | 2014 and earlier, Appeals, Appeals - leave, Causes and defences, Conduct & capability, Construction industry, Contractual breach, Courts, Disallowed, General, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retired judges, Sectors, Settlement agreements, Special pleas, Termination (LRL 8), Topics | 0 |

Wilson Bayly Holmes (Pty) Ltd v Maeyane Unacceptable mistaken assumption because parties had not expressly or tacitly incorporated in their contract a condition that its validity will depend upon the existence of the assumed...

Tag: compromise

Third party notices: Incompetent process

Rejecting nullity argument: Jurisdiction lacking

Compromise effected validly: In what circumstances?

Rescission of compromise: No fraud or justus error

Settlement agreement terms: Not against public policy

Unacceptable mistaken assumption: Intention of parties