Download - Cesa

B&B EIENDOMME (PTY) LTD
V
MOSTERT, VAN DER BERG & DE LEEUW
• OFS High Court Decision
• Issue at hand - was the validity of SAACE Standard FoA Liability
Limitation clauses, where the agreement is included by reference to it in
a letter.
• Standard Form of Agreement introduced by the Client, NOT by the
Consultant:
“The proposed terms of your employment are set out below for your
acceptance. Once agreed, they will be recorded on the standard
memorandum of agreement as produced by your institute amended to
reflect the contents of this letter, and submitted to the client for
signature”