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  • Article

    AI In Your Software Stack But Not In Your Contract

    Many Master Services Agreements were drafted before AI became embedded in software products, leaving organizations without contractual frameworks governing how AI operates, how it is trained, or who carries the risk when things go wrong. This article examines the legal and operational risks created by AI-enabled systems and explores how an Artificial Intelligence Contract Addendum can introduce targeted protections to ensure AI is deployed within a clear contractual governance framework.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Can Your Email Disclaimer Get You Out Of An Unintended Contract?

    If an agreement is not intended to be entered into in the course of such negotiations, this should be explicitly stated.
    South AfricaMedia, Telecoms, IT, Entertainment
    KISCH IP
KISCH IP
  • Article

    South Africa Newsletter - April Edition

    South Africa's diverse economy, strategic role in Africa and political history create a unique business and regulatory environment.
    GlobalCorporate/Commercial Law
    Dentons
    Dentons
  • Article

    Applicability Of Mergers And Acquisitions In The Business Rescue Environment

    Business rescue under South Africa's Companies Act provides financially distressed companies with restructuring opportunities through mergers and acquisitions. How can M&A transactions facilitate corporate rehabilitation while balancing creditor interests, employment preservation, and legal compliance requirements?
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    COVID-19 | Force Majeure Or Breach Of Contract?

    On the 5th of March 2020, the National Institute for Communicable Diseases confirmed that South Africa's first suspected case of COVID-19 had tested positive.
    South AfricaCoronavirus (COVID-19)
    Adams & Adams
    Adams & Adams
  • Article

    Dealing With Disappearing Debtors And Empty Shells

    The levels of debt owed to businesses by their customers and government has been mounting – no thanks to tough trading conditions and Covid-19...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Fairness And Reasonableness Win The Day: The Beadica Judgment

    The power of a court to strike down or refuse to enforce a contract that it considers to be unfair, unduly harsh or unreasonable, has been a controversial one ...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    How Much Effort Is Too Much Effort

    It has become common practice for parties to an agreement to use efforts standards when imposing obligations on one another.
    South AfricaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    IntelligENS | Back To Basics

    Contracts play a crucial role in the operation of any business, and managing them efficiently is essential. While eDiscovery mainly focuses on responding to legal and compliance issues, contract...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    JSE Publishes Consequential Amendments To Listings Requirements Following Companies Amendment Act, 2024

    The JSE has proposed significant amendments to its Listings Requirements following the implementation of the Companies Amendment Act, 2024, fundamentally changing how listed companies handle remuneration policies and share incentive schemes.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Knowledge Is Power – Start With Due Diligence

    Before you sign away money, time, and perhaps your business's good name, you need to know exactly what you are buying into. A Due Diligence Investigation (DDI) is the first – and most cost-effective...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Memorandum Of Undersdtanding "MOU" – Is It Binding?

    Whether you are looking to purchase a new company or enter into a joint venture, there needs to be an understanding before there can be any agreement. Discovering a new venture...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Overview Of The Legal Framework For Start-ups And Entrepreneurs

    Embarking on the journey of entrepreneurship is exhilarating. The energy, passion and innovative ideas that fuel start-ups are awe-inspiring. However, amidst the excitement...
    South AfricaCorporate/Commercial Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    The Limits Of "Confidentiality" – With A Specific Focus On Litigious Proceedings

    Confidential information means any information disclosed in however manner that is commercially sensitive.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    To Use Capital Letters For Defined Words Or Not?

    After having given it considerable thought, Michalsons have decided not to use capital letters for defined words in our contracts.
    South AfricaCorporate/Commercial Law
    Michalsons Attorneys
    Michalsons Attorneys
  • Article

    Unlawful Credit Agreements

    The majority of South Africans are using some form of credit or have access to some form of credit, whether by way of credit cards, clothing account credit cards, personal loans, etcetera.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Importance Of DFI Funding To Support Sustainable Agriculture: A Banking Perspective

    Projects in Africa (notably in the Agri-space) struggle to reach financial close and scale not because of a lack of demand or technical promise...
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Was The Decision By The NPA To Remove Counterfeit Goods Matters From The Commercial Crimes Court In Line With The Right Of Access To Justice As Set Out In Section 34 Of The Constitution?

    South Africa is a constitutional democracy, which means that it is a country which observes human rights principles and is governed by the rule of law.
    South AfricaGovernment, Public Sector
    Adams & Adams
    Adams & Adams
  • Article

    The Judgment Of The Supreme Court Of Appeal In The Reported Decision Of Dormell Properties v Renasa Insurance NNO 2011 (1) SA 70 Will Be Of Interest To The Construction Industry

    The employer made a claim against the guarantor in terms of a construction guarantee following upon the cancellation of a building contract, on the grounds of the contractor’s alleged breach of contract.
    South AfricaReal Estate and Construction
    Bell Dewar
    Bell Dewar
  • Article

    How Tax Efficient Commercial Agreements Can Shield Against SARS Scrutiny

    In the world of corporate transactions and commercial agreements, taxation often takes centre stage.
    South AfricaTax
    Andersen in South Africa
    Andersen in South Africa
  • Showing 121–140 of 351 results

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