351 results found

Tumultuous economic conditions have resulted in insurers and the insured finding themselves before the courts more often than in previous, more certain times.

A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.

One of the chief objectives of the Consumer Protection Act 68 of 2008 (CPA) is to promote a fair, accessible and sustainable marketplace for consumer products and services.

When entering into an agreement, a general requirement is that the contracting parties act in good faith. Therefore, the last thing that contracting parties want to focus on is the possibility...

As the global economy grapples with instability, contracting may become a daunting thought especially when it comes to commercial and legal risk appetite.

Since the '90s, massive technology advancements have led to the increased popularity of video games. As gaming technologies advanced and with the advent of e-sports...

Several major companies dominate the beer brewing industry across Africa, with operations spanning multiple regions and consolidating significant market shares.

It is imperative when negotiating a contract to ensure that carefully drafted default provisions are included. These provisions should clearly describe and outline the process to be followed...

Clyde & Co has successfully represented Peninsula Eye Clinic (Pty) Ltd in a ground-breaking judgment dealing with the restoration of companies under the Companies Act 71 of 2008.

On 19 July 2024, a cybersecurity firm, CrowdStrike, released an update to a configuration file from its Falcon cybersecurity system which caused the Windows operating system...

Section 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...

A contract is a document signed by two or more parties and gives rise to rights and duties. The terms and conditions stipulated within a contract, therefore, determine the parties' obligations towards each other.

Commercial agreements often require mechanisms that allow parties to exit or unwind relationships when circumstances change or disputes arise. This article examines three common legal mechanisms—conditions precedent, resolutive conditions, and shotgun clauses—that provide structured pathways for parties to terminate or reverse contractual obligations. Understanding the advantages and disadvantages of each mechanism is essential for crafting agreements that protect commercial interests while main

Recently there has been a rise in commercial evictions. Debates around same include the possible applicability of the Consumer Protection Act 68 of 2008 as amended (hereafter "the CPA")...

At the heart of many entrepreneurial ventures lies a handshake, a shared vision, and, sometimes, a lack of formal paperwork.

Section 197 of South Africa's Labour Relations Act, 1995 ("LRA") provides that, if there is a transfer of a business as a going concern, the contracts of employment between the transferor...

The recent SCA case of Transnet v Total is important not only for those in the petroleum industry, but also, more generally, when it comes to aspects of competition and discrimination.

There is a certain relief in reaching a settlement. The dispute is resolved, terms are agreed and payment is on the horizon.