IRM1501 Portfolio Due 7 October 2025 - Distinction Guaranteed UNISA

This IRM1501 Exam Portfolio Memo ( Due 7 October 2025) is a model answer and memo for the 7th of October 2025 exam portfolio. It provides a detailed case analysis of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) and explains how the Constitutional Court applied the principles of transformative constitutionalism in South African contract law. Key aspects include: Case Facts: Lease renewal clause, Shoprite’s refusal to negotiate, and Everfresh’s constitutional challenge. Legal Questions: Whether a contractual clause stating rent “shall be agreed upon” creates a binding duty to negotiate; and whether the common law should be developed under section 39(2) of the Constitution. Ratio Decidendi & Court’s Findings: Duty of good faith in contractual negotiations; infusing contract law with constitutional values (ubuntu, fairness, and reasonableness). Transformative Constitutionalism: How courts are encouraged to develop the common law to reflect constitutional rights and values. Exam-Ready Format: Structured as facts, legal question, reasoning, and court’s findings, ideal for revising for tests, assignments and exams.