Commentary

70.3 Provisions of the master agreement

AGRICULTURE vol 2(2)
| Commentary

70.3 Provisions of the master agreement

| Commentary

70.3 Provisions of the master agreement

The provisions of clauses 6.1 and 18.4 in the commercial farming partnership agreement1 are drawn in such a way as to make it clear that no right to exclusive occupation is granted to the partners. When examining the terms under which the partners occupy the land, the court will have regard to the substance as well as the form of the agreement—and to whether the parties are adhering to the terms of the agreement in practice.

The provisions of clause 19.2 in the commercial farming partnership agreement also make it clear that any

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