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.
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.