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Tag: Breach of Contract

Effective restraints of trade and the added protection offered by a penalty clause

It has been said that “restraints of trade are not worth the paper they are written on”. This is far from the truth as many employees have learnt, the hard way. Not only are valid restraints of trade enforceable, but they are also enforced regularly by the Courts. The …

Provided By Adams & Adams

Electricity consumption and unjust enrichment claim

The Supreme Court of Appeal (SCA) delivered a judgment on March 28, 2024, in the case of Prasa Real Estate vs Community Property Company and eThekwini Municipality, concerning a contractual dispute over electricity consumption. The sale of a business lacked tacit…

Provided By SchoemanLaw Inc

by Msizi Mhlongo

Enhancing legal certainty: Understanding the limitations of Memorandum of Understanding (MOU) as a legal instrument

Contracts are crucial in the world of business and governance as they define relationships and responsibilities. Among these, the Memorandum of Understanding (“MOU”) often serves...

by SchoemanLaw Inc

Navigating Force Majeure in South African contracts

Introduction Force Majeure is a contract clause that frees both parties from liability or obligation when an extraordinary event or circumstance is beyond the parties’ control....

by Robyn Shepherd

Navigating misrepresentation in contracts: Understanding your rights

Misrepresentation in contracts is a common issue that can lead to legal disputes and financial consequences. Understanding what constitutes misrepresentation and how it affects contractual...

by Grant Williams and Helen Westman

Terminating a contract: Rights, procedures and aftermath

Introduction Delving into the intricacies of contract termination unveils a unique and powerful recourse available exclusively to the innocent party under specific and exceptional circumstances. Unlike...

by SchoemanLaw Inc

Early agreement termination and reasonable termination costs

Introduction Loadshedding and the resulting economic crises have caused serious disruptions to businesses and individuals. Due to economic pressures, many individuals and entities are forced to...

by SchoemanLaw Inc

Can you sue Eskom for damage to your appliances during loadshedding?

South Africa has been grappling with a nationwide electricity crisis for years, and it appears to be an ongoing issue with no clear resolution in...

by Philip Venter

Navigating the maze of error correction service levels in tech contracts

During Part 1 of SLAs explained, Derick learned the ins and outs of uptime service levels. Armed with knowledge and aided by ContractNinja, he drafted...

by Martin Kotze

Spring tide/storm surge in the coast: Likely impact on insurance policies

The news that dominated the headlines this past weekend, 15 – 17 September 2023, was the storm surge incidents that swept across three coastal provinces...

by Mtho Maphumulo

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