Acts & Regulations > Commercial Law

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Contract law: non-variation clauses in contracts not always enforceable

As long ago as 1964 the Supreme Court of Appeal laid down a principle which has consistently been applied in our law of contract. The so-called Shifren principle provides that a contractual non-variation clause is valid and effectively entrenches both itself and all other terms of the contract against an oral variation thereof. Simply put, where such a non-variation clause appears in a contract, no variation or amendment thereof will be valid or binding between the parties unless they have reduced such variation or amendment to writing. In most instances, non-variation clauses also require that the variation/amendment so reduced to writing must be signed by both parties and/or their representatives.
 19/10/2010  | Posted in: All Contractual Matters and Commercial Law
Close Corporations Act 69 of 194

To provide for the formation, registration, incorporation, management, control and liquidation of close corporations; and for matters connected therewith.
 Download PDF |  18/10/2007  | Posted in: Commercial Law
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The firm practises directly in several Southern African countries and through long-established associates in others.