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Contract Law

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Legislation

Contract Law News & Insights

This topic contains news and insights which examine the legal framework within which two or more parties enter into an agreement. The essential elements of a contract are analysed based on the latest legislation and case law.

The necessity of employment contracts

Introduction If you’ve ever wondered whether you really need a fancy written and signed contract to seal the deal when it comes to getting a job in South Africa, you’re not alone. We’re here to break it down for you and make it simple. In this article, we’ll explore the…

Provided By SchoemanLaw Inc

by Annelise Petzer

Early agreement termination and reasonable termination costs

Introduction Loadshedding and the resulting economic crises have caused serious disruptions to businesses and individuals. Due to economic pressures, many individuals and entities are forced to terminate agreements they had entered into and consequently,…

Provided By SchoemanLaw Inc

Sureties in or out of the NCA? Why does it matter?

Introduction Credit transactions and lending agreements often involve a third party (the surety) who guarantees the performance of another party’s obligations (the principal debtor) towards a...

by Nicolene Schoeman-Louw

How an emoji can form a legally binding contract

Introduction As technology evolves, so does the way we communicate and conduct business. In today’s digital age, emojis have become integral to our daily conversations. These...

by Nicolene Schoeman-Louw

Liability is a condition precedent to trigger invocation of an exclusion clause

Recently, the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20, was called upon to determine the...

by Ayanda Nondwana

The consequences of an inadequate restraint of trade

Restrictive covenants, commonly known as Non-Compete or Restraint of Trade clauses (hereafter referred to as being comprehensive “Restraint of Trade”), are commonly included in employment...

by Nicolene Schoeman-Louw

Does a duty to disclose to your insurer cease? If so, when?

The parties to an insurance contract all have a legal duty to disclose all material information. This sounds simple enough, however, this is not so...

by Mtho Maphumulo

A minor entering into a contract

Introduction A minor has limited legal capacity and cannot hold some of the offices of a legal subject. A minor can generally incur contractual liability if...

by Robyn Shepherd

Recent lessons in determining fair value – Share valuation can be a contentious issue, especially if the valuation is left to the courts

In negotiating the relationship between shareholders, it has always been important to consider a methodology to determine the value of shares. This issue has been...

by Andrew Davidson, Lara Jansen van Rensburg and Nicola Mullineux

The devil is in the details of an insurance contract

A few media houses have recently reported that Mr. Erlo Goshai, a Cape Town motorist, has warned motorists to “read the fine print when entering...

by Jean-Paul Rudd

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