Commercial law

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The Carbon Tax Act

Introduction   The Carbon Tax Act 15 of 2019 (the “Act”) was enacted as a result of the increase of greenhouse gas emissions in the atmosphere, which is causing and contributing to global climate change.  The Act in its preamble, therefore, aims to contribute to the worldwide effort to stabilise greenhouse gas emissions by employing […]

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ENAC: Can a party withhold their own performance where the other party has failed to perform?

Introduction It is a well-established principle in South African Law of contract that a party’s obligations are reciprocal, in the majority of contracts concluded. The question is, can a party refuse to perform their contractual obligations on the basis that the other party has not performed properly? To illustrate, by way of a simple example, […]

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Debt Relief – The Consequences of the National Credit Amendment Act

President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is aimed at providing relief to over-indebted consumers. The Act has prompted consternation from bodies such as the Banking Association South Africa raising their concerns that some of their customers will get away with not having to repay their debt as […]

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Piercing the Corporate Veil – What is it and when can it happen?

Introduction In order to explore the practical application of the piercing of the corporate veil, we need to unpack the nature of the surrounding environment – the company, first. A company can be described as a juristic person that enjoys a separate legal personality, from its members, that has been incorporated in terms of the […]

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Is any dispute referable to Arbitration?

Introduction     As attorneys, we often include dispute resolution provisions in the agreements we draft for our clients. In many instances, alternative dispute resolution is a powerful way in which to resolve an array of different disputes.   Advantages include: the confidentiality of the process, often being less formal, and it is generally faster […]

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