by Raeesa Ebrahim Atkinson | Aug 14, 2020 | Commercial law, Contract Drafting, Publications
There are certain essential elements which must be present in a contractual arrangement for an agreement to be deemed valid. As many may be aware, these essential elements may summarised to the following: capacity, offer and acceptance, certainty, possibility of...
by Nicolene Schoeman Louw | Aug 3, 2020 | Civil Litigation and Alternative Dispute Resolution, Contract Drafting, Publications
The in duplum rule has been part of South African law for more than 100 years, translated, in duplum means ‘double the amount’. This common law rule provides that interest on a debt will cease to run where the total amount of arrear interest has accrued to...
by Raeesa Ebrahim Atkinson | Jun 20, 2020 | Commercial law, Contract Drafting, Publications
It is commonly believed that when entering into a contractual arrangement that the resulting relationship is to be governed by the terms as it appears in the relevant contract and those terms only. This is not entirely incorrect. With both written and oral contracts...
by Petrus Khumalo | May 22, 2020 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Contract Drafting, Publications
The majority of South Africans are using some form of credit or have access to some form of credit, whether by way of credit cards, clothing account credit cards, personal loans, etcetera. The National Credit Act 34 of 2005 (hereinafter referred to as “the NCA”)...
by Nicolene Schoeman Louw | Apr 6, 2020 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Construction law, Contract Drafting, Publications
The Corona Virus pandemic has had a significant impact on business, although in South Africa, we have not yet realized the exact impact. What is for sure is that the “old” remedy of force majeure and impossibility of performance will become a very topical issue....
by Nicolene Schoeman Louw | Mar 24, 2020 | Contract Drafting, Publications
Force majeure translates literally from French as a superior force. The so-called “act of God”. It describes those uncontrollable events (such as war, strikes, or extreme weather) that are not the fault of any party. And that makes it difficult or impossible to carry...
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