News & Articles
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...
THE RELIANCE ON WHAT IS ‘REASONABLE’ UNDER THE CIRCUMSTANCES IN CONTRACTUAL RELATIONSHIPS
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...
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,...
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...
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...
THE IMPORTANT LEGAL ELEMENTS TO CONSIDER WHEN SELLING A BUSINESS – PART 2
Koos Benadie | Director & Commercial Attorney Selling a small or medium business is a complex venture that will involve several legal considerations. It is always a good idea to enlist an attorney, experienced in the sale and disposal of businesses, before you...
THE IMPORTANT LEGAL ELEMENTS TO CONSIDER WHEN SELLING A BUSINESS – PART 1
Koos Benadie | Director & Commercial Attorney Selling a small or medium business is a complex venture that will involve several legal considerations. It is always a good idea to enlist an attorney, experienced in the sale and disposal of businesses, before you...
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...
The Cancellation and Renewal of Fixed-Term Payment Agreements
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...
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...