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Tag: Variations & non-variation clauses

When settlements are not settlements

Often disputes end in a settlement and as legal practitioners we encourage that. In Absa Bank Limited v Future Indefinite Investments 201 (Pty) Ltd and others [2020] JOL 48740 (WCC) the Court was faced with determining whether a settlement was just that. Facts Absa…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

To vary or not to vary, that is the (digital age) question

Before the advent of electronic emails, online shopping and the digital communication platforms that we know and widely use today, the process for negotiating and concluding a transaction was largely achieved in person by the parties shaking hands and signing …

Provided By Eversheds Sutherland

by Michael Peters

Could shareholders inadvertently cancel their Shareholders Agreement?

Following the judgment in De Freitas v Chamdor Meat Packers [2015] JOL 33940 (GJ), when a company proposes to its shareholders the adoption of a...

by Michael Peters

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...

by Lucinde Rhoodie and Ngeti Dlamini

Can your email disclaimer get you out of an unintended contract?

It is a reasonably well-known fact that most types of agreements may be entered into using electronic means; for example, by way of email, or...

WhatsApp: A unique, convenient method of cancelling a contract?

The rapid rise in modern technology, the advent of smartphones as well as the increased popularity of social media and instant messaging services such as...

by Bradley Nowikow

Your email can legally bind you to a contract

One of the main aims of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) is to promote legal certainty in respect of electronic...

by Shaun Eastman

The South African King IV Report on Corporate Governance: Themes and variations

On 1 November 2016, the South African King IV Report on Corporate Governance (“King IV”) was published by the Institute of Directors in Southern Africa. Professor...

by Vanessa van Coppenhagen

Non-variable variation – Never say never?

In most jurisdictions non-variation clauses are commonplace in commercial contracts. They provide that any amendments parties wish to make must be reduced to writing. They...

by Hogan Lovells South Africa

non variation clause

Cancellation of contracts in the 21st century

Can parties cancel or amend written agreements by email if their written agreement prohibits amendments or cancellation unless in writing and signed by the parties? In...

by Douglas Molepo

binding contract 948442 1920