News & Articles

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,...

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Business Due Diligence Explained

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...

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THE VOETSOOTS CLAUSE

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...

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THE BABY AND THE BATH WATER

How should businesses respond to the recent Court Order regarding Aarto? In January 2022, the controversial Administrative Adjudication of Road Traffic Offences (Aarto) Act and Aarto Amendment Act, which provide for, inter alia the introduction of a driver license...

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Are your Credit Application processes compliant?

Offering your products and services on credit can be a great way of attracting and retaining customers, but it can also lead to huge losses - even the complete shutdown of your business – when clients fail to follow through with their payments. Having a well drafted...

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