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Contract Law

Description
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.

Dispute resolution by adjudication

In Zingwazi Contractors CC v Eastern Cape Department of Human Settlements and Others [2021] 4 All SA 299 (ECG), effect of a counter application on a determination order in a building contract dispute which provided for a binding resolution by way of settlement,…

Provided By LexisNexis

by Merilyn Kader

Breach of contract: The doctrine of election and the doctrine of repentance

Lawyers are, in some respects, a rather biblical lot, seeking divine inspiration to solve the problems of humanity, calling Judges Lords and, more latterly, resorting...

by Kevin van Huyssteen

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Should you sign surety? Think carefully!

The concept of surety can be daunting and misunderstood. This often results in serious consequences if a party is ill-informed. Therefore, a person signing as surety needs to understand what he/she will be committing to and what he/she will be liable for should the…

Provided By SchoemanLaw Inc

by Salome Hamman

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...

by Thandazile Makasi

What you should know about suspensive conditions in sales of immovable property

Introduction In many cases, sales of immovable property are subject to conditions relating to bond financing or the sale of another property. These are conditions precedent...

by Nicolene Schoeman-Louw

Adjudicators’ awards are final and binding

In Framatome v Eskom Holdings SOC Ltd (357/2021) [2021] ZASCA 132 (1 October 2021), the Supreme Court of Appeal (“SCA”) determined that adjudication awards are...

by Laura Schlebusch

Civil law disputes – Get yourself a great attorney!

Attorneys practicing civil law must have a broad knowledge of the law and be superb litigators. Great civil litigation attorneys are as rare as hen’s...

Reservation of ownership

There is often a misconception that if a creditor sells goods on credit, in terms of an instalment agreement, to a company in which agreement...

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Requirements for a valid engagement and how to terminate

The idea of spending the rest of your life with someone you love stirs a lot of excitement. However, the moment a partner gets on...

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

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