COMMERCIAL LAW ARTICLES
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Courts’ Discretion in Enforcing Contracts: Understanding the Impact on Public Policy
The recent case of Ethekwini Municipality v Cooperativa Muratori & Cementisti – CMC di Ravenna Societa Cooperativa [2023] ZASCA 95 (12 June 2023) marks a
Legal Contracts
As much as people may become nervous about contracts, they must bear in mind that contracts are there to protect all the parties involved. Where
May an employee monitor an employee’s emails?
It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive,
Batna (Best Alternative to a Negotiated Agreement)
When you’re negotiating a contract, it’s common to focus almost exclusively on exactly what you want, especially when it comes to your key objectives in
Why a Written Contract Is Better Than a Verbal Agreement
Source: Jesse White (Ed. Note. This is an article written by an American for an American audience, but it is very useful in the South
Why SME’s need contracts.
Just like a person avoids drafting a will (because it’s a concession to mortality), some business owners avoid concluding contracts (with employees, suppliers, freelancers, etc.)
Must a contract be in writing to be binding?
Elements of a contract A contract consists of an offer by the offeror (the seller or service provider) to the offeree (the buyer or client)
Restraint of Trade Agreements – When can they be enforced?
Source: Lara Chidrawi, consultant: lara@bmalaw.co.za Restraint of Trade Agreements are valid until shown to be against public policy and therefore unreasonable and unenforceable. The employee
Invoice Discounting
What is invoice discounting? Invoice discounting occurs when a Client (“the Client”) enters into an agreement with another business (“the Invoice Discounter”) in terms of
Factoring
What is factoring? Factoring occurs when a business (“the Client”) enters into an agreement with another business (“the Factor”) in terms of which the Client
Shareholders’ agreements under the new Companies Act of 2008
Grace period to harmonise conflicts between clauses in a shareholders agreement Memorandum and Articles of Association At present, most Shareholders’ Agreements provide that to the
Is the disclaimer at the bottom of your email enforceable?
As far as I have been able to establish, no court has pronounced on the enforceability of email disclaimers. Generally, they seek to impose a