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  • Article

    Dis-Chem Enforcement Notice Spotlights Why Companies Must Establish Operator Agreements To Comply With SA's POPI Act

    On August 31, 2023, Dis-Chem Pharmacies Ltd. (JSE: DCP) was issued with an enforcement notice by the Information Regulator due to the contravention of various sections of the Act.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Driving A Hard Bargain – A Case of Applying Economic Pressure to an Agreement

    The Supreme Court of Appeal recently examined the distinction to be drawn between agreements concluded as a consequence of normal and acceptable economic bargaining on the one hand, and unconscionable and unlawful duress on the other hand.
    South AfricaCorporate/Commercial Law
    Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    Understanding Limitation Of Liability Clauses

    How often do we see: "neither party shall be liable for any incidental, indirect, special, punitive, consequential,…[it goes on…] damages...
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    You Bought It, Voetstoots!

    Sale agreements commonly include a clause stating that the item or property is purchased from the seller voetstoots.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    How Bond Registration Under Section 88 Protect You In Insolvency Situations

    Imagine you lend money to someone, securing this loan with a bond on their property. But what if the borrower can't repay and becomes insolvent? This is when Section 88 of South Africa's...
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    Barnard Inc.
    Barnard Inc.
  • Article

    Benchmarking AI Services: Why Traditional Benchmarking Clauses Need An Upgrade

    AI services demand a fundamentally different approach to benchmarking than traditional outsourcing arrangements. While conventional benchmarking focuses on pricing and service levels, AI systems require continuous assessment of technical performance, operational resilience, and governance standards throughout their lifecycle. This analysis explores why traditional benchmarking clauses fall short and what customers must demand to ensure AI services remain reliable, explainable, secure, and commercially valua
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Latest Trends In It Contracting

    When it comes to IT contracting, the big themes are change and modernisation.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Protection Of Personal Information Act – Compliance Over Complacency

    Many organisations have embarked on a journey to ensure that they are compliant with the Protection of Personal Information Act (POPIA), which became enforceable on 1 July 2021.
    South AfricaPrivacy
    Adams & Adams
    Adams & Adams
  • Article

    Enough With The Gobbledygook – The Importance Of Keeping It Simple When Drafting Contracts

    Understandable language enhances the delivery of the message intended to be conveyed. The disconnect and deficiencies of contracts and other legal documents created by ...
    South AfricaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Keep A Lid On It: The Importance Of Non-Disclosure Agreements

    A successful business is one which is able to exploit any opportunity available to it and, in doing so, maintain a competitive edge in its market.
    South AfricaCorporate/Commercial Law
    KISCH IP
    KISCH IP
  • Article

    Proof That Even IP Lawyers Need IP Lawyers

    When searching for Adams & Adams, another IP firm appeared in the sponsored Google results. That, in itself, is not unusual. As the largest IP firm in our market, competitors will sometimes bid on our name as a keyword.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Africa Organisation For The Harmonisation Of Business Law In Africa (OHADA)

    The Government of the Republic of Côte d'Ivoire sought to clarify whether OHADA Member States (Member States) retain the powers ...
    South AfricaCorporate/Commercial Law
    Dentons
    Dentons
  • Article

    Are Your Directors Overstepping?

    The finance team has spent weeks refining next year's budget. At 10pm on a Thursday the non-executive chair e-mails it back – fifty edits, deep into operational detail.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Cross Border Deals In South Africa: Opportunities And Key Considerations

    Much of this growth is driven by a shift in strategy: international companies, particularly in the manufacturing sector, are seeking to acquire local businesses to manage costs, hedge against global volatility...
    South AfricaCorporate/Commercial Law
    SNG Grant Thornton
    SNG Grant Thornton
  • Article

    Dodging Contract Catastrophes: Key Tips To Protect Your Business From Disastrous Agreements

    In the world of business, contracts are the lifeblood that keeps everything running smoothly. While it would be ideal if everyone upheld their obligations based on a simple handshake...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Legal Masterclass: Critical Negotiation Skills

    In this masterclass, we will unpack the theory behind successful negotiation as well as some key techniques to ensure you negotiate the best available deal.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Long-Awaited B-BBEE Thresholds Published

    In terms of the Regulations, all parties to a "major B-BBEE transaction" are required to register the transaction with the B-BBEE Commission.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Remedies For Breach Of Contract

    Knowingly or unknowingly, we enter into contracts on a daily basis and in almost every transaction we do from paying a parking ticket, to going to the store for groceries, and even in having accepted a job offer.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Termination Assistance

    In our previous article of this Back to Basics series on termination, we discussed the various ways in which a contract may be terminated, whether it be for convenience or as a result of a causal event.
    South AfricaCorporate/Commercial Law
    ENS
    ENS
  • Article

    Understanding Electronic Agreements

    The COVID-19 pandemic has accelerated digital transformations. Digital solutions are increasingly needed to continue some of the economic and social activities remotely.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Showing 41–60 of 351 results

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