Tag ArchivesNicolene Schoeman – Louw
developing skills in the work place

Is a term undertaking to agree legally enforceable?

In some agreements, most specifically lease agreement (as in a case in point) terms are usually included which state that specific terms shall be negotiated and agreed to between the parties (at a later stage). The question that the Supreme Court Appeal was faced with was whether the specific performance of such a term (to […]

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3D printing

Litigate once and for all – when can that be relaxed?

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:   “The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical “bite at the cherry”. The “bite” can entail appealing through […]

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Resignation

The limits of “confidentiality” – with a specific focus on litigious proceedings

Confidential information means any information disclosed in however manner that is commercially sensitive. The best way to explain what it is is perhaps to describe what it is not (generally speaking):   was publicly known and made generally available in the public domain before the time of disclosure by the disclosing party; becomes publicly known […]

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Resignation

Restrains of trade: confidentiality and the protectable interest – key ingredients to effective enforcement

Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information. Furthermore, to prevent any unlawful competition or an unfair advantage being leveraged in the market. With that being said, a recent labour appeal court case has made us question its […]

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Property Practitioners and Stakeholders take note!

On Wednesday 2 October two pieces of legislation were signed into law by president Cyril Ramaphosa that directly impact the property industry. One is the Electronic Deeds Registration Systems Bill which will see the development of an electronic deeds registration system (also known as e-DRS) which is expected improve the turn-around time for providing deeds […]

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