Tag Archivescontract law

The Voetstoots Clause

All too often individuals buy property with the expectation that they have just found their perfect home, only to later realise that there are hidden ‘skeletons’ buried therein just waiting to make an appearance at some point. Sometimes those skeletons rear their heads and bodies soon after the individual takes residence, other times, long after. […]

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Testamentary Trusts

Independant Schools and Expulsion – Contract and the Constitution

As of 9 January 2019, and estimated 402 141 students were enrolled in the 1966 independent schools scattered throughout South Africa.[1] As such, 3% of all students are in attendance at independent schools. No statistic could be found indicating how many students left the independent school curriculum. However, case law suggests independent schools have the […]

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Property Practitioners Bill

When to use an Agency or a Distribution Agreement

When deciding whether you should use an Agency or a Distribution Agreement – the main question a business owner should ask is whether the person or Company you are appointing will be acting as an Agent or a Distributor. An Agent relationship comes into existence where the Agent obtains permission from the Supplier to market, […]

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social media

Contractual obligations of a social media buy and sell

Most of us are part of at least one “buy and sell” or “second-hand” group on social media platforms like Facebook. What is interesting, is how these sales posts are managed and how many people complain on the same page about paying for a product and the seller disappearing or coming to an agreement with […]

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construction contracts

Guarantees in construction contracts

In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In construction contracts, it is far more common to secure the performance of the obligations of the […]

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