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Is a term undertaking to agree legally enforceable?

In some agreements, most specifically lease agreement (as a case in point) terms are usually included which state that specific terms shall be negotiated and agreed to between the parties (at a later stage). The question that the Supreme Court Appeal was faced with…

Provided By SchoemanLaw Inc

by Nicolene Schoeman-Louw

Technology and the law – Instant contracting

In the era of social media and instant messaging, the courts are constantly challenged to develop the common law to accommodate the ever-changing environment. Recently,...

by Demi Pretorius

Technology and the law – Instant contracting

Independent schools and expulsion – Contract and the Constitution

As of 9 January 2019, and estimated 402 141 students were enrolled in the 1966 independent schools scattered throughout South Africa.[1] As such, 3% of all students are in attendance at independent schools. No statistic could be found indicating how many students…

Provided By SchoemanLaw Inc

by Reenen Lombard

What are employees’ and employers’ rights and obligations in terms of sick leave in South Africa?

Introduction The Basic Conditions of Employment Act, No 75 of 1997 (“the BCEA”) gives effect to the right to fair labour practices referred to in section...

by Fadia Arnold

When can you be held personally liable within your company and how can this be brought about?

Introduction When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own...

by Nicolene Schoeman-Louw and Kathleen Mukheibir

Extinctive Prescription – Second edition

About this publication: This second edition of Extinctive Prescription aims to reflect the law as developed by judgments and statutory changes over a period of more...

The Big Catch: They’ve resigned. Can they compete with my company?

So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are...

by Antonia Pereira and Yaniv Kleitman

The Big Catch: They’ve resigned. Can they compete with my company?

Discovering defects before taking property transfer

What happens when a buyer takes occupation of a property prior to transfer and then discovers defects that he didn’t know about? He then claims...

by Abrahams & Gross

Discovering defects before taking property transfer

Force majeure in instances of drought

Force majeure refers to circumstances beyond the control of the parties and are intended to deal with, among other things, unforeseen acts of God, of...

by Denise Durand

Force majeure in instances of drought

Avoid costly void, voidable and putative marriages

Introduction A marriage which is void ab initio (as if it never existed) does not affect the status of the parties or confer any of the...

by Hamlet Heneke

Walking the tightrope – Guidelines for defining your malus and clawback policy

There is a growing trend in South Africa towards businesses adopting malus and clawback policies in relation to their variable pay structures and employee incentive...

by Anita Moolman and Andrew Giliam

Walking the tightrope – Guidelines for defining your malus and clawback policy

Careful how you cancel – A strict approach to following cancellation clauses in construction contracts

The temptation to terminate a construction contract out of pure frustration can be difficult to resist. It all starts with the project falling behind schedule,...

by Timothy Baker and Siviwe Mcetywa

Careful how you cancel – A strict approach to following cancellation clauses in construction contracts

Why contracting parties need to understand when contract terms are implied

The recent case of Starways Trading 21 CC and Others v Pearl Island Trading 714 (Pty) Ltd and Another (232/2018) [2018] ZASCA 177 has once...

by David Thompson

Why contracting parties need to understand when contract terms are implied

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

So, you created some IP, now what? – Licensing arrangements

Irrespective of whether you support the overzealous protection of intellectual property (“IP“) or believe in a more open-source world, one thing is certain in the...

by Jacques Stemmet

So, you created some IP, now what? – Licensing arrangements

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

The age-old question: When is a written agreement validly amended or varied

Impossible? The contractual defense of impossibility of performance

Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might...

by Chantelle Gladwin

Impossible? The contractual defense of impossibility of performance

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

Tightening up on tacit terms

How can blockchain benefit the legal profession?- Upcoming event

Blockchain is one of the many hyped up buzzwords of our times. Everywhere you go, people interject it into their talk and strategies or features....

by Kristi Erasmus and Jackie Nagtegaal

Legal certainty vs public policy considerations in contract law

The Court in Oregon Trust v BEADICA 231 CC (74/2018) [2019] ZASCA 29 was faced with the issue of whether the enforcement of terms of...

by Nina Valetta

Legal certainty vs public policy considerations in contract law

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