Tag Archivescontract drafting
AOD

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 […]

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3D printing

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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capacity

Fundamental Requirements of a Valid Contract- Protecting Contracting Parties’ Rights!

In the twenty first century, contracts have become a part of our everyday lives from cell phone contracts, service provider contracts, employment contracts, leasing, motor vehicle financing and bond. We conclude these contracts frequently, but do you know what the fundamental requirements to conclude a valid legally- binding contract in South African are? For a […]

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corporate governance

Why every company needs a tailored Shareholders’ Agreement

A Shareholders’ Agreement is just that – an agreement between the shareholders of a company.  This agreement is an invaluable resource for any business as it structures the relationship between the shareholders and provides the foundation for how they will interact with each other. A Shareholders’ Agreement is drafted in order to protect the interests/investments of all the shareholders of the […]

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The Impact of the FICA Amendment Bill

The Financial Intelligence Centre Amendment Bill, commonly known as the FICA Bill was signed into law during April 2017. The FICA Bill brings about amendments to the Financial Intelligence Centre Act 38 of 2001 (“FICA”), which aims at combatting money laundering and the financing of terrorism. This signing of the FICA Bill has been received […]

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