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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 which a party to a contract assumes absolute liability for the accuracy and proper performance thereof,…

Provided By Cliffe Dekker Hofmeyr

by Yaniv Kleitman and Boipelo Diale

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 what is commonly known as a non-variation clause. A non-variation clause generally provides that no…

Provided By Cliffe Dekker Hofmeyr

by Lucinde Rhoodie and Ngeti Dlamini

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

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

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

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?

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...

by Gerhard Badenhorst

Is VAT payable on delivery fees?

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...

by Ahmore Burger-Smidt and Graeme Wickins

The Uber price-fixing ride: What are the anti-trust co-ordinates?

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...

by Anisa Govender

A personal perspective on being a woman in the maritime sector

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...

by Danie Strachan

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