Contract Drafting

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capacity

Limitations on Contractual Capacity

Introduction In South Africa, importance is placed on an individual’s ability to act in appreciation of the consequences of their actions. It is because of this general outlook that there are different legal limitations placed on a person’s ability to contract, which will be discussed below. It is important to understand these limitations as contracting […]

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Notice period- Employee

Failure by an Employee to give proper notice upon resignation

Introduction Employment Contracts should set out the notice period which an Employee must give if he/she wants to terminate employment. This is due to the fact that a failure to give proper notice of the termination of employment can have dire consequences for an Employer. This undesirable practice usually happens when an Employee wants to […]

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Contracts

Contracts: Key differences between options, preferences and rights of pre-emption

Introduction Common contractual clauses include those of Options, Preferences or Rights of Pre-Emptions. These are particularly common in contracts of sale as well as contracts of lease in some cases. While all these instruments have the effect of benefiting one of the parties to a contract, there are a number of key differences. All of […]

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mental health

The real meaning of clients not paying

As an entrepreneur, building a successful and sustainable business is a massive challenge in itself. Not to mention the additional challenge posed by late or non-paying clients. True, there are various reasons for clients not paying, ranging from larger economic factors, to Terms and Conditions (“T&C’s”) and to the client’s personal situation. It is therefore […]

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Contracts

Suretyship Agreements – What Are They?

  A suretyship agreement is defined as an agreement in terms of which a third party, namely the surety, undertakes liability towards a creditor for the proper performance of a portion of or the entire obligation of a debtor. A valid principal obligation between the creditor and debtor is essential for the validity of a […]

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