IRM1501 OctoberNovember Portfolio 2025 (Answer Guide) - Due 7 October 2025

IRM1501 OctoberNovember Portfolio 2025 (Answer Guide) - Due 1 - 7 October 2025 Question One Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1) SA 256 (CC) Introduction The case of Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd is a significant decision of the Constitutional Court that illustrates how the principles of transformative constitutionalism interact with private law, particularly contract law. It raised important questions about whether agreements to agree are enforceable and whether constitutional values, such as good faith, should guide the development of the common law (Currie & De Waal, 2022). Facts of the Case Everfresh Market Virginia (Everfresh) leased retail premises from Shoprite Checkers (Shoprite). The lease agreement contained a renewal clause which stated that Everfresh could renew the lease provided that it had faithfully and timeously performed its obligations. However, the clause did not stipulate the rental amount or formula for determining it, leaving those terms for future agreement. When Everfresh sought to exercise its renewal option, Shoprite refused to negotiate new terms and instead pursued eviction. Everfresh argued that the clause should be enforceable and that Shoprite was obliged to negotiate in good faith (Everfresh v Shoprite, 2012 (1) SA 256 (CC)).