An agreement to negotiate a contract or further terms of a new contract in the future that is vague, illusory or unacceptably uncertain will not be enforceable in South African Law. For example, a promise in a purchase of land contract stating that should the purchase of land not be realised, the purchaser and seller will negotiate and conclude a lease agreement in respect of the land may be too vague and uncertain. This may be despite the intention of the parties for it to be a binding legal obligation to which the parties should be held.
Download attachments: