News & Articles
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,...
Contracts: The Link between Cause of Action and Jurisdiction
Going back to basics with regards to contracts, the prerequisites for a contract to be valid (such as consensus, formalities, free will and/or intent, possible performance, good faith, lawfulness and certainty) appear to be simple and the remedies (such as specific...
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...
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...
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...
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...
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...
HOW TO PROTECT YOUR INTELLECTUAL PROPERTY – COPYRIGHT AND HOW IT WORKS.
Intellectual property is a term used to describe products of the human intellect and include designs, trademarks, patents and copyright. These products are protected by various laws which confer upon the creator of the product, for a limited period, exclusivity as to...
INVESTIGATION OF QUANTIFICATION OF DAMAGES IN THE FIELD OF INSURANCE LAW AND HOW IT AFFECTS YOUR BUSINESS
Introduction Most businesses utilize vehicles in their daily operations. With motor vehicle collisions being so prevalent on South African roads, businesses will at some time be confronted with the process of submitting a claim to, or defending a claim...
REMINDER OF THE OLD PIT FALL – RECKLESS CREDIT
Introduction In light of the sudden scurry of various companies and individuals to register as credit providers (subsequent to the threshold being reduced to Rnil) we thought it prudent to remind members of one of the basic aims of the National Credit Act – the aim...