Must a Contract Be in Writing to Be Binding in South Africa?
Written by Roy Bregman, an admitted attorney with over 51 years’ experience in contract and commercial law. Read Roy’s full biography. KEY TAKEAWAYS • In
June 8, 2026
Written by Roy Bregman, an admitted attorney with over 51 years’ experience in contract and commercial law. Read Roy’s full biography. KEY TAKEAWAYS • In
1. What Are the Essential Elements of a Valid Contract? For a contract to be valid, it must have the following elements: An agreement between
A contract is a written or spoken agreement between two or more parties that can be enforced by law. It involves one party offering to
Introduction In contract law, “rouwkoop” and “penalty clauses” serve different purposes, and it’s important to understand their distinct functions to avoid legal pitfalls. This summary
The recent case of Ethekwini Municipality v Cooperativa Muratori & Cementisti – CMC di Ravenna Societa Cooperativa [2023] ZASCA 95 (12 June 2023) marks a
As much as people may become nervous about contracts, they must bear in mind that contracts are there to protect all the parties involved. Where
It would be best to have an email monitoring policy regarding employees’ private and business use of emails contained in employment contracts. However, how extensive,
When you’re negotiating a contract, it’s common to focus almost exclusively on exactly what you want, especially when it comes to your key objectives in
Source: Jesse White (Ed. Note. This is an article written by an American for an American audience, but it is very useful in the South
Just like a person avoids drafting a will (because it’s a concession to mortality), some business owners avoid concluding contracts (with employees, suppliers, freelancers, etc.)