The binding nature of a Memorandum of Understanding

Contrary to the common perception that the memorandum of understanding (MOU) document is usually associated with international relations, it is a common device in business negotiations as well. On the scale of formal agreements, a MOU is much less formal than a...

Business Wills and the Business of Succession Plans

Succession planning is often regarded as something that only large businesses do. However, it’s even more critical for small business owners to have a plan – as death or disability in a small or family-run business would, undoubtedly, spell the end for that...

The Principles of Restraint of Trade

As a general rule, every individual has a right to choose their trade, occupation and profession freely and this right is enshrined in Section 22 of the Constitution of the Republic of South Africa. However, there are limits to enjoying this right.  In this...

Principles of non-cancellable agreements

Is it possible to have an agreement that is “non-cancellable” and contains no cancellation clause and no “termination for convenience (without cause)” clause? On the face of it, one would think that such an agreement is unreasonable and against public policy because,...