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Contesting a will

Freedom of testation is the core principle when determining whether a will is valid and whether it can be contested or not. South African law underpins testators’ rights to decide how they wish for their estate to be divided and administered. However, it is …

Provided By SchoemanLaw Inc

by Gabriella Keeble

Limiting the Pacta Sunt Servanda?

When two parties conclude a contract, the terms and conditions of the contract are the rules that will govern the relationship between the parties. Once the contract is signed, rights and duties are created, and the parties will remain liable thereto until the contract…

Provided By SchoemanLaw Inc

by Thandazile Makasi

The International Arbitration framework in South Africa

Arbitration is a well-known alternative dispute resolution mechanism in South Africa. The courts are willing to enforce any valid arbitral award on the same basis as...

by Nicolene Schoeman-Louw

With(out) prejudice

What is the purpose of marking correspondence “without prejudice”? The general position is that without prejudice correspondence is inadmissible in court. The term “without prejudice” means...

by Helen Westman and Laura Schlebusch

POPIA Alert: When does public interest trump your right to privacy?

Although everyone has a right to privacy, as enshrined in the Constitution and the Protection of Personal Information Act 4 of 2013 (“POPIA”), there may...

by Grant Williams and Meghan Annandale

Considerations when negotiating and enforcing commercial contracts

The role of public policy considerations, norms of fairness and constitutional values such as Ubuntu in the law of contract, have long caused legal uncertainty....

by Lizelle Donaldson

Consumer Protection Act – Unfair contractual terms

Introduction Fairness of contracts and the interpretation of such fairness has been a long-standing debate in South African contract or consumer based law. Be that as it...

by Raeesa Ebrahim Atkinson

The role of fairness in the law of contract: The case of Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19)

A recent Constitutional Court judgement has raised questions regarding the role fairness should and does play in the law of contract. The application concerned the proper...

The persistent and the vexatious – The ersatz litigant

It is a tale as old as time if you are an ersatz litigator – you lose once, you try again, regardless of merit and...

by At van Rooy and Izaan Kuschke

The grey area between ‘legally prescribed’ and ‘industry standard’ liability provisions

“Nothing in this Agreement will exclude or limit a Party’s liability to the other for damages occasioned by the gross negligence or willful misconduct of...

by Tyron Fourie and Kayla Ferreira

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