351 results found

A pactum de non petendo ("pactum") is an agreement between parties whereby one party agrees not to institute legal proceedings against the other party, either temporarily or permanently.

When does an unpaid invoice signal more than a contractual dispute? This analysis examines the critical distinction between debtors who will not pay and those who cannot pay, exploring how creditors can identify financial distress patterns and select appropriate recovery strategies before their options narrow. Understanding these warning signs may determine whether a creditor pursues ordinary litigation, liquidation proceedings, or business rescue.

One of the first decisions any founder makes is what to call their business. The name may start as a practical step in getting the company registered, but over time it can become something much more valuable.

Digital platforms have transformed how intellectual property rights are enforced online, but when should rights holders rely on internal takedown systems versus formal court proceedings?

In the recent judgment handed down by the full bench of the High Court of South Africa, Free State Division, Bloemfontein on 13 February 2026 ("Full Bench")...

The FIDIC suite of contracts has gone through extreme lengths to equip construction contractual parties with the tools to not only resolve disputes, but as far as possible to avoid disputes and preserve the contractual relationship between them.

A construction contract is an agreement between an employer (the property owner or its authorised agent) and a contractor to construct, repair, modify...

When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature.

In the 2015 Budget Speech presented to the National Assembly on 25 February 2015 the Minister of Finance announced that amendments will be proposed to change the rules for the digital economy...

The dispute resolution terms of engineering contracts can cause problems.

It is a standard clause in insurance policies that an insured "shall take all reasonable steps and precautions to prevent accidents or losses to the property insured".

Prior to 1987, the FIDIC suite of contracts did not contain any reference to a dispute adjudication board (DAB).

ChatGPT is promising (or threatening) to reinvent the way people work in a multitude of industries. How will this transformation affect the legal industry - are there risks to using it?

At the centre of the issue appears to be a commercial dispute with Woolworths, reportedly involving exclusivity arrangements and supply dynamics.

When two parties conclude a contract, the terms and conditions of the contract are the rules that will govern the relationship between the parties.

A South African court has delivered a decisive ruling on the limits of post-employment competition, finding that two senior employees unlawfully used their former employer's proprietary software, client relationships, and confidential information to launch a competing business. The judgment reinforces that fiduciary duties can extend beyond employment termination and that building a business on a former employer's investment constitutes unlawful springboarding rather than legitimate entrepreneurship.

When acquiring a business, the purchase price often reflects intangible assets like customer relationships, reputation, and market position. How can purchasers protect the goodwill they've paid for when sellers may be positioned to immediately compete using the same relationships and knowledge that contributed to the transaction value?