News & Articles
WHY OPT FOR MEDIATION IN RESOLVING BUSINESS DISPUTES?
In recent years, mediation has been gaining traction as a promising solution to the two major challenges plaguing our legal system: the congested court rolls and the lack of access to justice as outlined in our Constitution. This method of dispute resolution has even...
What needs to be considered when drafting a will for foreign assets?
Statistics have shown that in 2020, around 915 000 South Africans emigrated or began steps toward emigration. The concerns regarding loadshedding, high cost of living and increased difficulty in doing business, has resulted in more and more South Africans...
The enforcement of the Pactum de non petendo in anticipandom rule in South African Law
Is it permissible for parties to contractually agree not to institute legal action against each other? The Supreme Court of Appeal recently made a judgment in the Coral Lagoon Investments 194 (Pty) Ltd and another v Capitec Bank Holdings Limited on whether pactum de...
It is time to stress-test your Privacy and Data Protection controls
South African businesses and regulatory authorities will have watched - with one eye - the actions of European data regulators who issued a record R55 billion in fines for data and privacy breaches last year, with Facebook owner, Meta the hardest hit. The highest fine...
Looking Back, Looking Ahead. A Commercial Law Review
Businesses have faced huge challenges and have undergone an incredible amount of change over the past few years, and this is unlikely to slow down in 2023. Global economies will still have to deal with the aftereffects of the global pandemic, Russia’s invasion of...
THE PRECAUTIONARY STEPS THAT LANDLORDS CAN TAKE IN ORDER TO MITIGATE UNFORESEEABLE DAMAGES CAUSED BY NON-PAYING TENANTS
A BRIEF DISCUSSION ON PRO-ACTIVE STEPS BY LANDLORDS IN ORDER TO MITIGATE LOSS Author Janie Venter| Associate The current economic situation has left many people, including tenants in poverty, therefore its of paramount importance for a landlord to act...
The binding nature of a Memorandum of Understanding
Contrary to the common perception that the memorandum of understanding (MOU) document is usually associated with international relations, it is a common device in business negotiations as well. On the scale of formal agreements, a MOU is much less formal than a...
Business Wills and the Business of Succession Plans
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 company. A...
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...