Pacta servanda sunt v Ubuntu
Section 39(2) of the Constitution requires that the spirit, purport and objects of the Bill of Rights must be promoted when interpreting legislation, and when...
Unschooled about music law? Don’t let the industry exploit you
When musicians Ray Phiri and Paul Simon collaborated on Graceland, it’s unclear whether there was a contract signed that allowed Phiri to earn royalties from...
Cancelling a contract? The do’s and dont’s to consider!
Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim...
The “bastard conjunction” – “and/or”
“ … ‘and/or,’ that befuddling, nameless thing, that Janus-faced verbal monstrosity, neither word nor phrase, the child of a brain of someone too lazy or...
What is one month’s notice?
The interpretation of a “month’s notice” in a termination clause and whether a qualifier, such as a “calendar month’s notice”, bears any significance, has been...
When should a court interfere in a contractual relationship? Pacta sunt servanda & public policy
The principle of pacta sunt servanda translates literally as “agreements must be kept” and forms the basis of the common law of contracts. When two...
Keep a lid on it: The importance of non-disclosure agreements
A successful business is one which is able to exploit any opportunity available to it and, in doing so, maintain a competitive edge in its market. The exploitation of such opportunities may mean entering into relationships with third parties, which requires the …
Provided By KISCH IP
SARS vs Reunert: How a competently drafted contract saved millions
The recent matter of The Commissioner for SARS v Reunert Ltd highlights the importance of possessing an intimate understanding of contractual principles when drafting an...
Electronic communications and legal agreements
Living in the age of electronics may have far reaching consequences on legal agreements. In the past, the physical writing and signing of an agreement was generally accepted as being the only method in which a written agreement could be varied or cancelled.
Many written…
Provided By Eversheds Sutherland
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...
Contingency fee arrangements: Clarifying the common law position
The Contingency Fees Act 66 of 1997 (“the CFA”) legitimises and regulates the conclusion of contingency fee arrangements between legal practitioners and their clients. The...
The nature of cession in security
The cession of incorporeal rights is a legal principle on which significant amounts of money are transacted in the South African market.
Cession is a bilateral...
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...
Potential tax consequences of the waiver of a contractual right
The term ‘disposal’ is widely defined in section 11 of the Eighth Schedule to the Income Tax Act 58 of 1962 (“the Income Tax Act”),...
Flirting with co-branding – The considerations
At the supermarket a few days ago, I came across a pack of Stimorol chewing gum flavoured with Halls Menthol. I’m not an avid bubble...
Property law, contracts and the Constitution
In the recent as yet unreported case of Bondev Holdings Midrand (Pty) vs Mulatedzi Alton Madzhieand others delivered by Acting Judge CR Jansen on 19 December 2016 ...
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...
Advice for Start-Ups in Negotiating with Investors
Should you as a start-up (although this advice is applicable to any party in a contractual negotiation) find yourself negotiating with potential investors, you will...
Is there still place for fixed-term contracts in the construction industry?
Can a construction contractor automatically terminate its employees’ contracts when skills are no longer required for a construction project? This question was at the centre...
Liability for special levies
This article examines the legal issue of whether the purchaser or seller of an immovable property is responsible for the payment of special levies raised...
