A reinstatement and amendment agreement properly characterised as a new agreement may serve as an effective mechanism to continue the contractual relationship under a lapsed agreement, on substantially the same or identical terms.
Can a private settlement agreement be “clothed” with the authority of a court order even if no action or application was instituted? This question has practical importance: parties often wish to enforce settlement terms as if they were court judgments, avoiding the time and expense of a full trial. In South Africa and Namibia, however, the current legal position is that courts will generally not grant such an application. Recent judgments have clarified that a settlement agreement cannot be made an order of court if it wasn’t concluded in the context of pending litigation.
In the realm of lease agreements, the concept of tacit relocation often arises when a tenant remains in occupation of leased premises after the expiration of the lease, and the landlord does not object. This legal principle can have significant implications for both landlords and tenants, particularly in determining the nature of the continued occupation and the applicable legal framework.