Tacit refers to something that was done or done in silence, as in a tacit agreement. An implicit understanding is manifested in the fact that there is no opposition or objection and therefore arises from the situation and circumstances. In the case of Alfred McAlpine – Son (Pty) Ltd v. Transvaal Provincial Administration, the Tribunal defined a tacit term. A tacit provision of the contract arising from the common intent of the parties, as a result of the explicit terms and conditions of the contract and the circumstances surrounding it. Whether a contract contains such a clause is a matter of interpretation. In general, a court would very slowly introduce a tacit clause into a contract, particularly if the parties have entered into a full written agreement dealing in detail with the issue and if there is no need to give effect to the contractual transaction. With respect to Pan American World Airways Inc v. South African Fire and Accident Insurance Co Ltd, the first step in the investigation into the existence of such a term is whether there is room for the introduction of the alleged tacit clause in the agreement. An important aspect is the manner in which the parties have spoken out on the rights granted, with an ambiguity that leaves the door wide open to an unspoken designation. SERR Synergy specializes in compliance services that involve entering into agreements such as employment contracts, shareholder contracts, etc.

Our goal is to meet the requirements of each individual or company by ensuring that our agreements comply with all legal requirements. Unspoken notions are a reality when it comes to interpreting agreements and can also lead to lengthy litigation; Therefore, everyone should be vigilant when it comes to agreements, to ensure that a comprehensive agreement is reached to mitigate future conflicts related to unspoken conditions. It is important to consider what the parties intended or implied to do when an agreement was reached. An unspoken term is demonstrated by clues and not by direct evidence. With respect to the principle of the tacit or tacit concept arising from the aforementioned common law, there is no doubt that the Tribunal will be compelled to bear in mind the provisions, principles and values of the Constitution when it hears a tacit or tacit term in an agreement, since the Constitution obliges the courts to develop the common law in a way that conforms to constitutional values.