News & Articles

Breach of contract – when can I cancel

Pacta Sunt Servanda, is a common law principle that literally translated means “agreements must be kept”.  In terms of this principle parties are required to perform all obligations imposed on them in terms of the agreement. I In the case of Barkhuizen v Napier the...

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TERMINATION FOR CONVENIENCE AND PUBLIC POLICY

A very important principle in the law of contracts is the principle of contractual freedom. This principle entails that parties to a contract can, in general, agree on any terms.   When parties then enter into a contract, the further principle of pacta sunt servanda,...

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SHIFREN – Is the non-variation clause variable?

In the matter of SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren and Others 1964 (4) SA 760, the standard non-variation clause, known as “the Shifren clause”, was recognised by the Supreme Court of Appeal. The Shifren clause is an entrenchment clause and in principle...

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Social Media in the workplace

YOUR COMPANY, YOUR REPUTATION AND SOCIAL MEDIA Social media is here to stay. This is evident from the number of everyday users of social media platforms such as Facebook, LinkedIn, Twitter, Instagram and the like.  Companies might have noticed an increased social...

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Immigration: Foreign Employees and the Employer

Immigration: Foreign Employees and the Employer The employment of foreign nationals by business owners are fairly common practise in current times.  However, not all such business owners are aware of their obligations to comply with the provisions of the applicable...

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HOW DO I COMMERCIALISE MY INTELLECTUAL PROPERTY?

HOW DO I COMMERCIALISE MY INTELLECTUAL PROPERTY? The intellectual property (IP) of a company is, in most cases, the most valued asset of that company. So much so, that well-established IP rights can be provided as security to financial institutions to obtain loans or...

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VAT INCREASE

On the 21st day of February 2018, the Minister of Finance announced in his Budget Speech that the value-added tax (VAT) rate will be increasing, with effect from the 1st of April 2018, from 14% to 15%. This increase is applicable to all goods and/or services which is...

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