The Supreme Court of Mauritius, sitting in its appellate jurisdiction, brought clarifications on the circumstances in which a Mise-en-Demeure (ie legal notice) would not be required.

In the instant matter, the Supreme Court gave effect to a term in the parties’ contract which dispensed with the need by one party to serve a mise-en-demeure on the other party as a pre-condition to bring proceedings. In so doing, the Supreme Court reaffirmed the terms of Article 1134 of the Mauritian Civil Code which validates parties’ contractual freedom by stating that a contract is the law between the parties.

The Supreme Court went a step further as it held that as a matter of law, the service of a mise-en-demeure was not fatal to a party where:

  1. doing so would not serve any purpose. This was the scenario in the instant matter as Yee Tue Fee hired another contractor to repair the defective roller shutters in view of the refusal by JMS Aluminium Ltd to do so; and
  2. the damage being claimed is compensatory in nature as opposed to being moratory.
Share
Twitter LinkedIn Email Save as PDF
More Publications
19 Feb 2024

Disciplinary Committees and the requirement of fairness and impartiality

Every company should ensure that it has established in its internal policies and procedures, a fair ...

25 Jan 2024

Fund Finance Laws and Regulations 2024 – Mauritius

The fund finance market has been on an upward trajectory over the past decade, and 2024 is poised to...

17 Jan 2024

Derivative Action: A shareholder’s remedy to protect the interests of the Company

Generally, when there is a wrongdoing committed against a company, it is the company itself which ac...

10 Jan 2024

The Global - 2023 Q4 Review

The Global sees us share updates and insights from across our network of international offices on th...

10 Oct 2023

The Global - 2023 Q3 Review

The Global sees us share updates and insights from across our network of international offices on th...

15 Sep 2023

The Financial Services Commission issues the Financial Services (Global Shared Services) Rules 2022

On the 20th December 2022, the FSC issued the Financial Services (Global Shared Services) Rules 2022...

15 Sep 2023

Employer's perspective: What to expect in a settlement agreement?

What is a ‘Settlement Agreement’? One of the innovations of the Workers’ Rights Act (‘Act...

15 Sep 2023

Artificial Intelligence and the law

At a time when the implementation of Artificial Intelligence into the professional environment, it i...

10 Jul 2023

Guide to Mergers & Acquisitions (M&A) in Mauritius 2023

A guide to Mergers & Acquisitions (M&A) law and practices in Mauritius, with a focus on key areas in...