Tacit Agreement South Africa

In South Africa, the tacit agreement is a legal concept that refers to the idea that an agreement can be inferred based on the actions and behavior of individuals or parties involved in a particular situation. This agreement is not explicitly stated or agreed upon in writing, but is instead implied through the actions and conduct of those involved.

The tacit agreement can be a useful tool in situations where it may be difficult or impractical to create a formal agreement. This may be particularly true in commercial or business settings, where transactions and interactions between parties may be ongoing and fluid.

For example, in a situation where a company regularly purchases goods from a supplier, a tacit agreement may be inferred based on the ongoing conduct of both parties. This may include factors such as the regularity of orders, the consistency of payment terms, and the nature of the goods being supplied.

Importantly, the tacit agreement is not a legally binding agreement in the same way that a formal written agreement would be. However, it can still be relied upon as evidence of the intentions and expectations of parties involved in a dispute or legal proceeding.

In order to rely on a tacit agreement, it is important to be able to demonstrate that the agreement is clear and unambiguous in its terms. This may involve gathering evidence of the conduct and actions of parties involved, as well as any relevant communications or other documentation.

Overall, the concept of the tacit agreement can be a valuable tool in situations where formal written agreements may not be practical or appropriate. However, it is important to approach these situations with caution and to ensure that the terms and expectations of all parties involved are clearly understood and agreed upon.