Contract Law
Contractual Remedies Under South African Law
In South Africa, when a party to a contract fails to fulfill their obligations, the aggrieved party may seek various contractual remedies. These remedies aim to address the breach and restore the injured party to their original position as closely as possible. This article outlines the primary types of contractual remedies available under South African…
Read MoreConsiderations When Writing Terms and Conditions for a Company Under South African Law
Terms and conditions (T&Cs) are essential for any business operating in South Africa, providing a legal framework for the relationship between the company and its customers. These documents outline the rules, rights, and obligations of both parties, helping to mitigate risks and manage expectations. When drafting T&Cs, several key considerations must be taken into account…
Read MoreEssential Terms of a Commercial Lease Agreement Under South African Law
A Commercial Lease Agreement is a crucial contract governing the relationship between a lessor (landlord) and a lessee (tenant) in a business context. In South Africa, these agreements are regulated by common law and specific statutory provisions, including the Rental Housing Act and the Consumer Protection Act, depending on the nature of the lease. This…
Read MoreEssential Terms of a Supply Agreement Under South African Law
A Supply Agreement is a vital contract that outlines the terms and conditions under which goods are provided from a supplier to a buyer. In South Africa, these agreements are governed by the principles of contract law, which ensures that both parties’ rights and obligations are clearly defined. This article highlights the essential terms that…
Read MoreEssential Terms of a Non-Disclosure Agreement Under South African Law
A Non-Disclosure Agreement (NDA) is a critical legal tool used to protect confidential information between parties. In South Africa, NDAs are governed by common law principles, as well as specific statutory provisions. This article outlines the essential terms that should be included in a well-drafted NDA. 1. Definition of Confidential Information The NDA should clearly…
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