Contract Drafting

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Contracts

Contracts and The Passing of Risk

  Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such tool for this regulation is a distribution […]

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Can sureties escape liability?

Introduction In a difficult economy, it is seemingly more and more common that commercial agreements require a personal surety from one or more of the directors of a company and often that friends or family seek the assistance of someone to act as surety for credit agreements. Often person’s don’t understand the implications of agreeing […]

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Property Practitioners Bill

The Landlord’s role in exclusivity and anti – competitive clauses in retail lease agreements

Introduction Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It informs whether the intended target market is a consumer at the particular centre and what […]

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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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Labour law false allegations

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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