The legal nature of letters of appointment
Letters of appointment indicate an intention to conclude a contract. In the construction industry, letters of appointment are issued following a procurement process. However, this...
Tag: guarantees
Litigation against your business!
Litigation and disputes are often traumatic experiences, especially on the personal front. Divorcees will attest to that. Business usually is perceived as being shielded from this somewhat intensely personal experience. As an attorney, knowing that a company…
Provided By SchoemanLaw Inc
Drafting suretyships – Important considerations
INTRODUCTION
Suretyships, in general, are legalese ridden documents that the general public do not fully understand.
This article will provide a high-level overview of important considerations when...
by DocNinja
Drafting loan agreements in consideration of the National Credit Act
IMPORTANT CONSIDERATIONS
Mr X wants to finance a law tech start-up started by his son’s friend currently studying computer engineering at the University of Pretoria. Your...
by DocNinja
Requirements for providing guarantees – Financial assistance to companies
Simply put, a guarantee is a promise by one person to perform on behalf of another. It usually takes the form of an agreement to pay for, or effect performance of, certain obligations by the guarantor on behalf of a third party who is primarily liable for that payment …
Provided By Eversheds Sutherland
Are you ready for Black Friday?
With the #BlackFriday craze coming up, so does the issue of “grey goods”. This article aims to discuss the legality behind parallel importation and the...
Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach
On 26 June 2019, the Pretoria High Court handed down a judgment in a matter in which the Court had to determine whether a party...
Beware those on-demand guarantees
It is South African market practice in the context of financing transactions that when a party is required to provide a guarantee in respect of...
The case of the unconditional guarantee that wasn’t
When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature. This was highlighted...
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...
