THE "UNTIL DEATH DO YOU PART" INDEFINITE CONTRACT DANGER In a case recently before the High Court, a house owner sought to evict two occupiers who had a verbal agreement with the owner to occupy the house indefinitely (free of charge). The owner conceded that the occupation right was for an unstipulated period, but claimed to have a right to terminate the agreement "on reasonable notice". Not so, held the Court - "the clear intention is that the contract would endure in perpetuity. It could only be terminated by the death of the first defendant". If you don't want to be stuck with unwanted occupiers "until death do you part" - Have a proper written agreement drawn up - avoid any doubt as to its duration If no end date is specified, make sure that you have a clear right to terminate on reasonable notice! Recent Articles for September 2009; Source: www.dotnews.co.za |
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