(ANSWERS) Semester 2 2023 -
GUARANTEED DISTINCTION
Good grades.
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, Carefully read the case below, from your prescribed reading list, and answer the following
questions:
Joint Stock v Absa Bank 2008 (4) SA 287 (SCA)
The allocation of marks for this case discussion is as follows:
1. Briefly outline the key facts of the case (3)
In the case of Joint Stock v Absa Bank 2008 (4) SA 287 (SCA), the key facts and main arguments
by the concerned parties are as follows:
Key Facts:
Joint Stock, the appellant, was a company that had entered into a loan agreement with
Absa Bank, the respondent.
The loan agreement contained a clause that allowed Absa Bank to terminate the
agreement and demand immediate repayment if Joint Stock failed to meet certain
financial ratios.
Joint Stock failed to meet the financial ratios, and Absa Bank terminated the loan
agreement and demanded immediate repayment.
Joint Stock argued that the termination clause was unfair and unreasonable.
2. What were the main arguments by the concerned parties (2)