by Legal X | Sep 22, 2022 | Article
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...
by Legal X | Aug 18, 2022 | Article
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...
by Legal X | Jul 20, 2022 | Article
Courts are often confronted with contractual disputes in particular the enforcement or non-enforcement thereof. The general rule is that courts judge contractual disputes based on the notion of pacta sunt servanda, meaning, parties should honor their obligations made...
by Legal X | Jun 15, 2022 | Article
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,...
by Legal X | May 17, 2022 | Article
Whether you’re buying another company, selling off a division of your company or entering a new alliance, transactions have become increasingly multi-faceted. Regardless of whether the deal is structured as an asset transaction, a stock transaction, or a merger, make...
by Legal X | Apr 21, 2022 | Article
What defects are covered by the voetstoots clause? Noluthando Ndala | Candidate Attorney | Barnard Inc. A voetstoots clause is often associated with a ‘tough tekkies’ attitude when it comes to defects in -second-hand products bought and sold. The South African...
