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 (with certain exceptions), considered valid by our courts; this appears to […]
Contract Drafting
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Unlawful Credit Agreements
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”) purports to achieve a healthy and balanced credit market in […]
The Fulfilment of Contractual Obligations in the Context of #Covid19 – Unpacking impossibility and Force Majeure
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. In a prior article we looked at the definition […]
#Covid19 delaying or making the fulfilment of contractual obligations impossible a Force Majeure?
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 out regular business. These clauses are included in contracts to […]
Contract drafting in favour of the layperson
Contract drafting in favour of the layperson Introduction Parties enter into contracts on a daily basis. More often than not, we encounter a situation in which one party exercises dominance over the drafting of a contract. This leaves some in a disadvantaged position. Many people conclude contracts every day and a majority of […]
