Tag ArchivesContract
social media influencer

Supreme Court of Appeal Overrules High Court in Decision Over Whatsapp Message Contract

The case between Ntsieni Morris Kgopana and Mohlaki Rosina Matlala in the Supreme Court of Appeal (“the SCA”) considered whether a WhatsApp message met the requirements to be considered a valid offer to contract between the parties. The Limpopo Division of the High Court previously decided on the matter, but with the SCA being a […]

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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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What happens when the heading and body of agreement differ?

It frequently occurs that parties conclude an agreement and upon enforcement of the agreement the discrepancies in the heading and the body of the agreement becomes apparent. One of the requirements for a valid agreement is that the parties needs to have consensus about the nature and terms of the agreement i.e. there needs to […]

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