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  • Article

    Contract Drafting In Favour Of The Layperson

    Parties enter into contracts on a daily basis. More often than not, we encounter a situation in which one party exercises dominance over the drafting of a contract.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Powers Of Attorney – "Mightier Than The Sword"?

    Not everybody has our best interest at heart, and it is necessary to have everything on paper so that you know your belongings are taken care of ...
    South AfricaLaw Department Performance
    SchoemanLaw Inc.
    SchoemanLaw Inc.
Article

Clause For Concern: Understanding The Risks In Legal Agreements

Contracts are a key part of almost every deal – whether you're renting an townhouse or forming a joint venture between large companies.
South AfricaCorporate/Commercial Law
Barnard Inc.
Barnard Inc.
  • Article

    Context And The ConCourt

    When the Constitutional Court rules on the interpretation of contracts, it's best to take note. When it starts with a poem – even more so!
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Exploring The Risks Of Large Language Models In Business Operations

    With large language models ("LLMs") taking the world by storm, it's safe to say that they have established their place as a mainstay of modern technology.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    I Want Out! – Cancellation Clauses In Contracts

    Be that as it may, many contracts nonetheless include cancellation clauses. They dictate the process to be followed should any of the parties to an agreement wish to cancel the contract due to breach or various other reasons.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Loadshedding: Survival Tips For Small Businesses

    From damaged equipment, and staff and machinery sitting unproductive for hours, to numerous missed deadlines, there is no doubt that constant loadshedding is taking a heavy toll on South Africa's...
    South AfricaCorporate/Commercial Law
    Nexia SAB&T
    Nexia SAB&T
  • Article

    Pre-Incorporation Contracts Explained

    Many have found themselves unemployed as a result of the spread and effects of the COVID-19 virus.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Public Benefit Activities Vs Non-Profit Organisations: A South African Guide To Tax-Exempt Status

    Public Benefit Organisations (PBOs) and Non-Profit Organisations (NPOs) are often used interchangeably and is a common source of confusion, especially when dealing with their respective tax obligations and regulatory frameworks in South Africa.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    The Role Of CIPC In Business Rescue Proceedings

    Business rescue proceedings in South Africa are regulated by Chapter 6 of the Companies Act 71 of 2008, which aims to facilitate the rehabilitation of financially distressed companies.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Third Party Contracts – Who Is Liable?

    A contract is an agreement entered into by two or more parties.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Using Section 65 Financial Enquiries To Recover Debt

    Picture a scenario where XYZ Components supplies R120 000 worth of specialised parts to a customer on 30-day terms. Ninety days...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Warranties In Sale Agreements – Can You Be Held To Account, Even Years Later?

    Warranties and indemnities are mechanisms to ensure trust between contracting parties. It is the proof in the proverbial pudding and aims to provide that a party to a contract does what they say they will.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Clawed Back: What The Sundowns vs Mosimane Case Means For IP Contracts

    In May 2020, Football Club Mamelodi Sundowns and coach Pitso Mosimane inked a fresh four-year deal negotiated through Mosimane's agency, Moira Tlhagale Sports Marketing ("TSM").
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Protecting Plant Varieties In South Africa

    South Africa's agricultural sector presents significant commercial opportunities for horticultural businesses and farmers who breed or import plant varieties.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Arbitration: In Pursuit Of Contractual Freedom Rather Than Its Limitation

    The notion of contractual freedom has long been recognised in the entrenchment of the principle that agreements should be honoured.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process

    A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Reliance On What Is ‘Reasonable' Under The Circumstances In Contractual Relationships

    An area of difficulty that often confronts the courts is that of contractual disputes – particularly in respect of the enforcement or non-enforcement of contracts/contractual terms.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Committing Private Land To Conservation : Advice To Avoid Future Pitfalls

    Our national parks, managed by SANParks, and Provincial Nature Reserves, operated by state-owned Entities, such as Ezemvelo KZN Wildlife and Cape Nature, form part of the national conservation initiative and tourism offering, as do many private nature reserves that have been established by private landowners.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Application Of The Pari Delictum Rule

    Proprietors of liquor businesses should take heed of a recent decision of the Supreme Court of Appeal reported in the case of Hitler Adolf Klokow v Michael Boyton Sullivan.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Showing 141–160 of 351 results

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