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Commercial Law

An overview

Commercial law governs the broad areas of business, commerce, and consumer transactions. Specific law has developed in a number of commercial fields. These include:

  • Alternative Dispute Resolution
  • Banking
  • Commercial Litigation
  • Consumer Credit
  • Contracts
  • Insolvency
  • Debtor and Creditor
  • Landlord-Tenant
  • Mortgages
  • Negotiable Instruments
  • Property Transactions
  • Sales
  • Secured Transactions

Featured Articles

  • 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 bears the onus to prove ...

  • 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 which the Client cedes its book ...

  • 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 sells its book debts to the ...

  • 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 extent that the clauses in 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 contractual obligation between the sender and ...
  • Review of Memorandum of Incorporation and Shareholders Agreements

    A company’s memorandum and articles of association have been replaced with a single document known as the ‘memorandum of incorporation’

    The two year transitional period granted under the new Companies Act, ...

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Email: info@bmalaw.co.za