RENEWING AN OPTION: ‘I DO’ IS THE MESSAGE TO CONVEY
Clicks Retailers (Pty) Ltd v Killarney Mall Properties (22362/2015)  ZAGPPHC 841
(11 December 2015)
When exercising an option, the prescripts of the wording of the option must be followed and a simple “I do” usually demonstrates a clear, unambiguous exercise of the option. This judgment illustrates that commencing negotiations in respect of a lease renewal option, where a clear ‘yes’ or ‘no’ was required, can fall short of conveying affirmation of the exercise of the option, with costly consequences.
DISTINCTION BETWEEN SAME SEX AND OPPOSITE SEX COUPLES WHEN THERE IS NO WILL
Duplan v Loubser NO and Others (24589/2015)  ZAGPPHC 849 (23 November 2015)
Cohabiting couples are often cautioned regarding the need and prudence to properly arrange their affairs in an agreement to address, amongst other things, the division of assets when their relationship comes to an end. The legal consequences for both same sex and opposite sex partners, if this is not addressed in an agreement or will, are illustrated in this judgment. In the intestate succession scenario, unmarried opposite sex couples may find themselves in unenviable positions.