Tag Archivesdrafting

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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Who inherits if there is no will

Who inherits if there is no will?

Drafting a will is one of the most important things a person can do in his or her lifetime. When a person dies without a valid will, the distribution of his or her estate will be dealt with in terms of the Intestate Succession Act 81 of 1987, which means that the law dictates how […]

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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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Verbal or written contracts?

Contracts are agreements that are entered into between two or more parties either verbally or in writing. Even though, both verbal and written contracts are generally legally binding, most legal practitioners strongly urge contracting parties to reduce their verbal agreements to writing. Rather entering into written contracts has various advantages, namely that it: ensures that both […]

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