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A lesson in the timeous institution of arbitration proceedings

Arbitration is steadily on the rise in the developing world.[1] More interesting is that this growth seems to be centered around Africa, or, at least, African parties. The reasons are no doubt compound, but one reason is that Africa is slowly on the rise, economically…

Provided By SchoemanLaw Inc

by Reenen Lombard

Is a term undertaking to agree legally enforceable?

In some agreements, most specifically lease agreement (as a case in point) terms are usually included which state that specific terms shall be negotiated and agreed to between the parties (at a later stage). The question that the Supreme Court Appeal was faced with…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Technology and the law – Instant contracting

In the era of social media and instant messaging, the courts are constantly challenged to develop the common law to accommodate the ever-changing environment. Recently,...

by Demi Pretorius

Technology and the law – Instant contracting

Walking the tightrope – Guidelines for defining your malus and clawback policy

There is a growing trend in South Africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive...

by Anita Moolman and Andrew Giliam

Walking the tightrope – Guidelines for defining your malus and clawback policy

Warrantors beware: An independent contractor can be your “agent”

When negotiating commercial agreements (such as sales and leases), parties typically spend a lot of time on the warranties. A warranty is a contractual term...

by Yaniv Kleitman and Boipelo Diale

Warrantors beware: An independent contractor can be your “agent”

The age-old question: When is a written agreement validly amended or varied

A lot has been written about the requirements to validly amend the terms of a written agreement between parties, particularly where a written agreement contains...

by Lucinde Rhoodie and Ngeti Dlamini

The age-old question: When is a written agreement validly amended or varied

Tightening up on tacit terms

The courts have recently reaffirmed the restrictive scope of reading tacit terms into written contracts. A notable example of this is the Supreme Court of...

by Yaniv Kleitman and Taryn Jade Moonsamy

Tightening up on tacit terms

The significance of force majeure provisions on contractual arrangements

In recent times, the increase in the occurrence of events or circumstances beyond the control of governments, companies, communities and individuals has resulted in far...

by Tanya Pollak

When does a foreign system of law apply to your contract?

Let’s say I own a company in South Africa that makes and sells jewellery. The company is hugely successful and attracts international clients. A client...

by Brian Kahn Inc Attorneys

When does a foreign system of law apply to your contract?

The pitfalls of standard contracts: Check your T’s & C’s

A contract can relate to anything from a lease to a simple retail account agreement. Many people view a contract as a document with unfamiliar...

by Abrahams & Gross

The pitfalls of standard contracts: Check your T’s & C’s

“I will only move when you pay me my damages”

In what circumstances can a party in breach justify its failure to adhere to the contract based on the other party’s breach? This is one...

by David Pinnock and Boipelo Diale

“I will only move when you pay me my damages”

Unschooled about music law? Don’t let the industry exploit you

When musicians Ray Phiri and Paul Simon collaborated on Graceland, it’s unclear whether there was a contract signed that allowed Phiri to earn royalties from...

by RM Tucker Attorneys

Unschooled about music law? Don’t let the industry exploit you

Cancelling a contract? The do’s and dont’s to consider!

Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim...

by Brian Kahn Inc Attorneys

Cancelling a contract? The do’s and dont’s to consider!

The “bastard conjunction” – “and/or”

“ … ‘and/or,’ that befuddling, nameless thing, that Janus-faced verbal monstrosity, neither word nor phrase, the child of a brain of someone too lazy or...

by Marius Potgieter

The “bastard conjunction” – “and/or”

Final notice of duty to keep records, books of account or documents in terms of the TAA

On 1 July 2016, the Commissioner for the South African Revenue Service (“SARS”) released a draft notice (“Draft Notice”) of the duty to keep records,...

Final notice of duty to keep records, books of account or documents in terms of the TAA

Quo vadis – Business rescue or liquidation?

Going under business rescue is proving to be an increasingly attractive option for South African companies that are in financial distress since the advent of...

by Eric Levenstein

Quo vadis – Business rescue or liquidation?

Nobel economics prize awarded for work on contract theory

On the 10th of October 2016, British-American Oliver Hart and Finnish Bengt Holmström were awarded the Nobel economics prize (including $922 000) for their transformative...

Nobel economics prize awarded for work on contract theory

A Goose Egg For A Wild Turkey

An Australian court ruling on authorised use within a trade mark license agreement may affect South African brand owners. The Federal Court in Australia recently handed...

by Howard Rogers and Kelly Thompson

A Goose Egg For A Wild Turkey

When the sins of the fathers come knocking on the door

The Competition Commission (“Commission”) has reached a settlement agreement with ArcelorMittal South Africa Limited (“AMSA”) in terms of which all pending investigations and prosecutions against...

by Ahmore Burger-Smidt

When the sins of the fathers come knocking on the door

Defaulting on loan agreement instalments: When does a creditor’s claim prescribe?

Acceleration clauses are commonly found in loan agreements that require debtors to make repayment in instalments. A standard acceleration clause provides that if a debtor...

by Kirsty Simpson

Defaulting on loan agreement instalments: When does a creditor’s claim prescribe?

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