Can a Party Still Rely on Contractual Terms After Termination or Repudiation?

The recent judgment by the Supreme Court of Appeal in Twenty-Third Century Systems (Pty) Ltd and Another v SAP [2025] has clarified a frequently contested issue in contractual law: whether a party that repudiates or terminates an agreement can still rely on its terms, particularly clauses excluding liability, imposing time bars, or prescribing dispute resolution […]