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...
Tag: agreements/contracts
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...
“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 of the more interesting questions in contractual law. In Ritz Plaza Proprietary Limited v Ritz Hotel Management Company Proprietary…
Provided By Cliffe Dekker Hofmeyr
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...
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...
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,...
by ENSafrica
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...
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...
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...
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...
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...
Is VAT payable on delivery fees?
It is common practice for suppliers to deliver the goods that they supply at the premises of their customers on the customer’s request. The suppliers...
The Uber price-fixing ride: What are the anti-trust co-ordinates?
During December 2015, Spencer Meyer instituted a class action lawsuit against Uber Technologies, Inc’s CEO, Travis Kalanick, in the United States. The law suit is...
A personal perspective on being a woman in the maritime sector
I come from very humble working class beginnings. My mom worked in an appliance factory and my father was a salary clerk. I attended government...
Brexit – Implications for South Africans’ contracts?
The United Kingdom has voted to leave the European Union. Will this have implications for contracts between South African businesses and parties in the UK...
The VAT Implications Of Interest-free Credit
It is the long-standing practice of traders and service providers to grant customers extended payment terms for the goods or services they supply as a...
The Role Of A Legal Practitioner In A Mediation Process
The role of legal practitioner in the mediation process begins with the incorporation of the dispute resolution clause into an agreement between the parties. Thereafter,...
Selection criteria for retrenchment: The fair and objective requirement
One of the issues an employer is obliged to consult on during a potential retrenchment process is the selection criteria to be applied when determining...
Drafting good & clear agreements – No more bulls**t from lawyers!
From the outset of this article, I must warn you that it does contain the use of some “salty” language in the form of one...
Parent company guarantee held to be maritime claim
In Kuehne & Nagel (Pty) Ltd v Moncada Energy Group, the Gauteng Division of the High Court (Johannesburg) recently highlighted the far-reaching scope of South African...
