Hazel du Plooy

The Dangers of the One-Page Agreement

3rd August 2020|Commercial Law|

I am often asked to provide clients with a one page document to record a business relationship, be it for the supply of services or for the sale of goods, or to record a change in the parties' relationship with each other, for example in a change to a shareholders' agreement or a change in

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You have cleaned out the storeroom during lock down but have you looked at getting your company’s documents in order?

26th April 2020|Commercial Law|

The financial and operational stress placed on many businesses as a result of the COVID-19 lockdown may inevitably result in restructure of ownership, whether voluntary or by agreement.  If your business is a company or close corporation (also referred to as a "CC" of which there are still a number in existence, even though new CCs cannot be registered) you may be re-considering how your business needs to change in order to be sustainable in the future, or you may be looking at your business with renewed focus which may necessitate a change in ownership whether by the exit of shareholders (or members in the case of a CC) or the introduction of new ones.

The Non-Disclosure Agreement

25th November 2019|Commercial Law|

A non-disclosure agreement signed before a formal legal agreement is entered into to govern the business relationship between parties (such as a supply of goods or services or licence agreement) should generally have only a very narrow scope.

Cyber-Crime Insurance – Understanding and Complying with the Fine Print

12th November 2018|Cyber Crime and Insurance, ICT Law|

You have decided to take out insurance against loss due to cyber-crime related activities.  But what are your obligations to mitigate loss that may be incurred.   Just as you may be required to have an alarm system fitted in your house to comply with your household contents insurance policy.  Similarly, it is also important to

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Electronic contracts – what is the legal status of concluding a contract online or via email and is a person’s signature sufficient to satisfy the requirements of an electronic signature?

12th September 2018|Commercial Law, ICT Law|

Concluding a contract online or by email by means of a data message or using an electronic signature can cause uncertainty in terms of whether the contract is legally enforceable.  However, with the introduction of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), South Africa has recognised the legality of data messages

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Be aware – The infusion of South African contract law and constitutional values in contractual documents

15th June 2018|Commercial Law|

It is important to be aware of recent case law developments when drafting agreements and providing advice to clients on the interpretation of certain clauses in their agreements as certain clauses are receiving increasing scrutiny especially where a party is in a weak negotiating position or is an unsophisticated business person. When drafting a document,

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A quick overview:  Intra-brand competition vs inter-brand competition

31st May 2018|Articles, Commercial Law|

Section 5 of the Competition Act of 1998 (as amended) (the “Act”) regulates vertical agreements and prohibits restrictive vertical practices. In terms of section 5(1) of the Act, a vertical agreement is prohibited if it has the effect of substantially preventing or lessening competition, unless a party to the agreement can prove that any technological,

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