A number of clauses in a distributor agreement Venter Manufacturing signed with its former Botswana agent proved, beyond reasonable doubt, that there existed a tacit term which gave Supa Bike exclusivity in that country’s territory..

Supa Bike owner Hedley Abnett made this submission to answer whether the “dealer agreement” between Venter and his company contained a tacit term which granted his business the exclusive distributor rights there.

A tacit term means the agreement was implied through the conduct of the parties involved. ..