Be careful what you contract
“Self-autonomy, or the ability to regulate one’s own affairs, even to one’s own detriment, is the very essence of freedom and a vital part of dignity. The extent to which the contract was freely and voluntarily concluded is clearly a vital factor as it will determine the weight that should be afforded to the values more...
Protecting one’s business from the repercussions of divorce
How to divorce proof your business - ante nuptial contract, post nuptial contract and trusts.
Why it is important to always have written agreements in place?
We know that many business deals are concluded with a handshake on the golf course or over some drinks after work. Verbal agreements are often also made with a friend or friend of a friend. But do they work? In our experience, they work well until they don’t anymore and then things can turn sour more...
Can I go to court over a sale on Facebook?
Most (if not all) of our communication is electronic in some form. Gone are the days of paying for a newspaper advertisement or putting posters on lamp posts when you want to sell your old bicycle or that jacket that you bought on a whim! Many of us are part of a “buy and sell” or more...
Be aware – The infusion of South African contract law and constitutional values in contractual documents
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, more...