Tag ArchivesContracts
Contracts

Contracts: Key differences between options, preferences and rights of pre-emption

Introduction Common contractual clauses include those of Options, Preferences or Rights of Pre-Emptions. These are particularly common in contracts of sale as well as contracts of lease in some cases. While all these instruments have the effect of benefiting one of the parties to a contract, there are a number of key differences. All of […]

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capacity

Consensus improperly obtained- can an innocent party be bound to the Contract?

Introduction Many Individuals and Business Entities enter into different Contracts for various reasons such as protecting their businesses against unscrupulous Individuals and Juristic Persons, minimising or solving disputes and/ or to create certainty.  A Contract can be entered into orally, in writing, or in any other form should the law not prescribe a mandatory form […]

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Contracts

The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause

Today, almost all Commercial Contracts entered into include non-variation clauses. A non-variation clause is a contractual provision which restricts the variation and/or cancellation of an Agreement. Any variation or cancellation of the Agreement will therefore not be of any effect unless reduced to writing and signed by the parties concerned. Not all parties to a […]

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Contract drafting – Why should I pay for a contract when I can use a template?

In practice as attorneys, we often hear clients ask why they should spend any money to have a contact drafted professionally, when they can simply download a template from the internet. Or obtain a very low cost template from their local news agency. As with all things in life that are for free there is […]

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Legislative developments during 2011 and their impact on business

During 2011, the Companies Act and the Consumer Protection Act were enacted, symbolising some of the most drastic legislative change. There were also several amendments to the Broad-Based Black Economic Empowerment (“B-B BEE” / also referred to as “BEE”) legislation and regulations, which previously predominantly impacted businesses transacting with government. However, as a social and […]

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