January 18, 2023

FRAUD: REMEDIES AVAILABLE TO DEFRAUDED PARTIES

Fraud can be defined as the unlawful and intentional making of a representation that causes actual or potential prejudice to another. Parties often act on the […]
June 19, 2022

Legal remedy for contractors to enforce payment

In many instances, contractors put in all the work and comply with the terms of the agreement; however, they receive less or no payment. In the […]
September 3, 2020

Are smart contracts the smart solution?

Smart contracts are agreements that self-execute without any human intervention when the conditions, as specified in digital form, are met. Blockchain, a decentralised digital ledger that […]
June 4, 2020

The impact of force majeure on lockdown rent

Common Law position – in absence of a “force majeure” clause A force majeure is an act of God or man (such as a war, strike, […]
April 3, 2020

Impact of the coronavirus on contractual obligations

The novel coronavirus, also known as COVID-19, has caused major disruptions worldwide since its outbreak in December 2019 in Wuhan, China. The virus has also recently […]
September 12, 2018

MEMORANDUM OF UNDERSTANDING: BINDING AND ENFORCEABLE OR NOT?

There is a common misconception that MOUs are always non-binding. MOUs can in fact be binding, non-binding or partly binding and partly non-binding, it all depends […]
August 13, 2018

BEFORE LEASING, INCLUDE THESE IN THE AGREEMENT

If you consider leasing out your property, it is important not to overlook any requirement and expectations you may have of the incoming tenant. A basic […]
August 13, 2018

COURT INTERFERENCE IN A CONTRACTUAL RELATIONSHIP

When two or more parties enter into a contractual agreement knowingly and free from duress, the terms of the agreement must be upheld by each signatory. […]
March 27, 2018

CANCELLATION BY EMAIL

Grantham (Tenant) and Anthea (Landlord) concluded a written lease agreement in respect of a flat situated in Bellville. Grantham was unable to meet certain obligations in […]
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