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Settlement agreements that are made orders of court
Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613668132257792 |
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| access_status_str | Open Access |
| author2 | Cornelius, Steve J. |
| author_browse | Cornelius, Steve J. |
| author_facet | Cornelius, Steve J. |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/103577 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:48.175Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/103577 Settlement agreements that are made orders of court Cornelius, Steve J. u16128347@tuks.co.za Maritz, Mariska UCTD Settlement agreements Order of court Dispute resolution Breach Mini-dissertation (LLM (Private Law))--University of Pretoria, 2025. Disputes can arise for numerous reasons, including misunderstandings, non-performance, differing interpretations of contractual terms, or unforeseen events, and they may occur in commercial, labour, familial, or other contexts. While some disputes are resolved informally, others necessitate formal resolution mechanisms such as litigation. However, parties often prefer to settle disputes through settlement agreements to avoid the costs and uncertainty of legal proceedings. These agreements serve as binding legal instruments offering remedies like compensation or specific performance and can be concluded before or during litigation, often facilitated through negotiation, mediation, or arbitration. The drafting of such agreements is critical, as it represents the first act of interpretation and shapes how the agreement will be understood by courts or adjudicators. This study explores the complexities surrounding the interpretation of settlement agreements once they are made orders of court, examining conflicting judicial decisions and academic opinions on whether such agreements retain their contractual nature or are subject to court rules of interpretation. Private Law LLM (Private Law) Unrestricted Faculty of Laws 2025-07-24T08:56:53Z 2025-07-24T08:56:53Z 2025-09 2025-06 Mini Dissertation * S2025 http://hdl.handle.net/2263/103577 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Settlement agreements Order of court Dispute resolution Breach Settlement agreements that are made orders of court |
| title | Settlement agreements that are made orders of court |
| title_full | Settlement agreements that are made orders of court |
| title_fullStr | Settlement agreements that are made orders of court |
| title_full_unstemmed | Settlement agreements that are made orders of court |
| title_short | Settlement agreements that are made orders of court |
| title_sort | settlement agreements that are made orders of court |
| topic | UCTD Settlement agreements Order of court Dispute resolution Breach |
| url | http://hdl.handle.net/2263/103577 |